The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-05-16
.GGEEAARRYY .GGEEAARRY LAW SUSTAINED.
The Supreme Court Decides That 1t
Is Constitutional and
Valid
Three OF the hight Learned Judges
Hold Opinion to the
Contrary.
Motion Made for u Rehoaring-The Cabi-
net VIII Decide ON = Line OF
Action.

WASHINGTON. May 15.-Tho supreme
court to-day. through Justice Gray. sus-
tanned the decision Of the New York courts
In favor OF the oonstitutionality of the
Gsary Chinese exclusion act. The an
nouncsmsnt Of the decision in tho case was
expected and attracted a large attendance
OF Spectators, including Attorney
General Olney. Solicitor-G General Aldrioh,
Senators PuRh, Dolph and others. Justice
Gray. ~ announcing the Judgment Of the
court. said the power of this nation to re-
strict or prohibit the immigration of aliens
In to tho country. or require such aliens al
ready in the country to remove therefrom,
Is vel! settled principle Of international
law. confirmed by an unbrol1en line of de-
cisions ia this court. The legislative power
OF the government IL not transoended in
any of its constitutional Limitations in the
act under consideration. It was within its
power to determine the regulations under
which these aliens will be permitted to re-
main In the United States. or failing to OBJ
serve these regulations, be required to lea We
the country.
which are the part Of tho law particularly
at issue. are not inconsistent with the rela-
tions and duties of the legislative and judi
cial departments of the governments. The
mode of procedure under the section is SINH
lar TO we'll established proceedings, such az
the habeas corpus, and naturalization. fixing
the requirements Of citizenship, and the
like. In which tho judicial branch OF the
government accept the deter ermination of
the executive upon the questions involved.
Al to the requirement that Chinese enti-
tied to remain In this country should estab-
lish the right by ths"syideuce of one oredi-
BILE white Witness the justice said it was
within tho power of the legislature TO de-
teTmine the character of evidence that
might be received in q case at law, and
what force should be given to the testi-
mony 80 offered.
Justice Gray said the question presented
sixth section OF the act. The Justice
skstched tho provisions of the law rapidly
and then proceeded TO say it was ono OF the
perfectly we'll settled fundamental prinoi-
plea Of da1lxw Of nations that every inde-
pendent nation had an inherent right to
keep aliens ont Of its terriio'y and to order
them to get out of its territory; that the
power of public welfare demanded, that
the power exists in time of war and equally
80 in time of peace. and always has been
recognized as belonging to independent
nations. The United States. and all OF the
Rreat powers, has the power to make
wa, to make peace, to pass acts of natur-
alization. to pass all necessary and proper
laws to carry out the powers reposed in
congress.
On the political department of the gov
ernment deyolved the care of international
h0a hAA lad tod
that the power of exclusion may be vested
in the executive officers, and She aid of the
judicia,y might be invoked. IL was no new
thing in public law for matters to be exec
utive and political in the irst instance, and
then take such judicial force as the polit-
have no authority to revise decisions or ao-
tion and effect in these cases, except 80 far
as provision has been made by law.
Treaties with China provided originally
for very free intercourse. That was in 1869.
Then II was found necessary to have more
power for the convenient regulation of this
matter, and subsequent treaties more dis
tinctly recognized. as contemplated by the
contracting parties, the power to regulate
the entrance Of Chnels into this country,
II congress makes law inconsistent with a
treaty IL may give foreign nation tho right
may deem best for its own interest, but the
duty of the courts of the United States is
clear and they must recognize its force
Justice Gray here dwelt at length upon
the objection that had been made to the
arbitrary power conferred upon executive
as far as investigation is made 10 will be a
judicial investigation. The law provided
that Cinnamon shall be deported unless
they shall clearly establish certain facts to
the satisfaction of tho judge. Tho legisls-
tn had the right to prescribe what evil
hall NS Al
cial tribunals. 1t WAS within ito power TO
provide that those aliens who have been
year within the United States without get.
ting out certificate should be deported.
1t had the right 10 define what Witnesses
should be heard; the right to protect the
had no regasd for tho sanotity of an oath.
He would not touch upon the wisdom |
of the policy, even the Justice of the act |
Those questions were for tho political the |
legislative and executive departments of |
the government. il the act were within !
be out of place for the court TO interfere. |
What congress had done had not been TO |
provide for any definition Of crime In the |
act. nor TO provide any punishment. 1t
provided that the persons in question
should be sent ont of the country TO the |
for the adjudication OF o ime. but simply
for the removal Of psrsons whose presence
cong ess considers inconsistent with pub
lic welfare.
IL must be remembered that Chinese
cannot be naturalizsd. Doubtless they are |
EMIT! ed to the security and safeguard guar
antesd by the constitution and laws in |
such measure as they provide. but thsr~
was nothing In tho constitution or laws
which impuRned the power OF congress to |
compel them TO leave tho country. |
Az the conclusion OF Justice Gray's opin- F!
ion. Justice Brewer announced that he was
compelled 20 dissent from the view CT the
majority OF the court and read his views at
some length. declaring in substance that
tho aoS of 1892 10 unconstitutionRl; that IL
upheld there ~ no guarantee thRt similar
trentment might not be accorded other
CLASSES Of our population. Justice Field.
who delivered the opinion OF the supreme
court In the hrst case under tho exclusion
Aot, also read dissenting opinion, lie
held that there IL wide difference between
the exclusion Of immigrants and tho depor-
tation of alien residents, and characterized
the act In the strongest language as inhu-
man, brutal, and . violation of the oonsti-
tuition In every section. He regretted 10
say the decision Of The court, 10 his mind,
10 frRuRht with the gravest dangers 10 CON
stitutioual liberty.
In a dissenting opinion the ohiof Justice
denied the soundness Of the proposition
that the cases before The court wero such as
the political department of tho government
alone could deal with. II was. in HIS view.
. judicial question and however reluotans
the courts may be to pass upon the consti- |
tuttonRltey OF leQielntIye HOta II was tha