The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1893-05-19
HE GEARY LAW.

W n >nlNtfIsfNs nay tAsOAn st'>
ucse exclusion case in the supreme
court yesterday. MIR. Charles H. Al
drich. solicitor general. appeared on
behalf Of the United states and argued
In favs~ Of the constitutionaiity of tho
Geary law. These cases. he cpntended, |
could not lie distinguished from the Chi
nesc exclusion case $50 United states, |
ssh. in which the court had decided
most .,f the points nj issue The tea-y |
act had not for its purpos. the depor'a-
tion Of Chinese latorers. a counsel Tor |
the petitioners enormously assumed.
but t. provide a system of identified
ton nd registration for such as were
here This is a lawful purpose
whe, her applied TO citizens or
aliens The means by which the
ident ification is attained. the solicitor
general commended. were also lawful
and the act is reasonable and humane
in it, provisions. The refusal of the
Chinese to observe the requirements of
the law was under the advice of certain
eminent legal gentlemen. in whose
opinion the law is unconstitutional
ian opinion the continned) which. as
shall seek To show. is equivalent to
denial Of the sovereignty of the l nited
States in the exercise of enumerated
powers Of the constitution. Of the au-
thority If the previous decisions OF
this court and of well-settled princi-
Piles of the law of nations"
| Mr. Aldrich maintained On the right
of congress to require aliens or citizens
TO register or obtain certificates of
Identification; CD the power of con-
gress to restrict and even forbid such
| imm grafton. he said. must be conceded
as a question of both international and
constitutional law. OF the necessity
for such exclusion. the political de-
partments are the sole judges The ju-
dietary cannot pass upon that question.
and - and for like reasons it is thought
that the methods and means by which.
the political departments seek To regu-
late. limit or terminate the residence
Of such aliens as are already here are
likewise exclusively within the juris-
diction Of the political departments and
beyond the confines of judicial power
The fegisla tion under considcra ton. he
contended. was authorized by the
terms Of the treaty of November. 1850.
which reserves the right on the part Of
the United States To regulate. limit
or suspend such coming or residence
Mr.. Aldrich's third point was that a
nation has right. according to inter
national law, to prescribe the terms
upon which the citizens or subjects of
other nations shall be admitted 10 Its
territory: TO forbid such admission. or,
having admitted such citizens and sub
iects. TO regulate and limit their resi-
dence therein. and. whenever it chooses
TO do SO, suspend such residence alto
gether. and require that they shall
depart its territory.
The fourth point was that the United
| States was nation possessing like
. powers with other nations To exercise
the ordinary and necessary means o
, self-preservation. From this it follow
that there is a police power Of TN
! United states which extends TO an'
! EN- braces all subjects confined to tn
, general government and against tn
: exercises of which Chinese alien res
> ident laborer is not entitled to invok
the guarantees of the constitution o
the United States. designed for tn
!. protection Of its citizens and citizens o
the several states
In conclusion. the solicitor genera
said: Assuming the maxim that tn
! safety of the people is the suprem
! law. then the police power in its rels
a tions to every subject of danger. mus
under our system. rest in the states q
II the United states or the people.
= the latter. it occurs 10 me that the CHI
= neSe residents in this country hay
J. need to repeat the old prayer that the
y NAV he saved from their friends e
y COUNSEL: for IL they can induce III
u court to hold that the power does nj
y belong to the federal government. bl
: vet rests in the people Of the sewers
states. no person who has witnesss
: the. evils OF Chinese immigration an
"a competition with our laborers ca
= doubt that the people of the states n
- nicted Herewith will promptly n
themselves Of the baneful presence b
appropriate legislation to that end
~ Mr. j. Rubley Ashton. Of Washin
4 ton. concluded the argument Throug
~ out the progress ~ the argument cou
ri and spectators alike gave marked a
a tcntion.
~ Mr.. Choate. in the course Of his r
n, marks. referred to the assertion in Il
n. printed argument OF the solicitor gre
z. eral that the Chinese residents Of I'll
- country had failed to register und
be the law in pursuance to advice Of cou
sci. ''On the contrary" said NJ
Choate. my advice. and that OF all =
counsel associated with me in the cas-
~ has been for the Chinese to regists
IT. but they did not"
~ While discussing the point that I
sh law was faulty in tempting TO We
a. judicial power not in any court. but
10 United States Judge upon the wing
hu Mr.. Choate was interrupted by MIR. J'
g. tice Gray. who asked. What do W
m say as to the power OF any Unit
States judge to issue writs Of habe
corpus? To which the attorney !
IA spondcci. IL thought your hone
"a would ask me that question and look
- il up. The authority is vested in
United States courts by the first >
-, tion ~ tine law. and il is there dcclar
| 4. .vrsx