Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-05-15

u
before the Supreme Court on an appeal from
the decision of the circuit court Of the south
ern district Of the state of New York were de-
cided today
The decision in these cases, which involved
primarily the question Of the constitutionality
OF the Geary act, sustained tho action
OF the New York court and consequently
affirmed the constituuonality Of the act. The
cases were those OF three New York Cinnamon
two ofwhom had failed to apply to the collector
OF internal revenue for the necessary certif-
Gates which would allow them TO remain in this
country. Tho third Chinaman applied
for his certificate, but he failed to
bring forward lone credible white
Witness" as the law demanded. His witnesses
were or his own nationality. and the collector
refused to accept their story Of the facts In
nection with the mans residence In this coun-
try.
CROWD OF SPECTATORS.
With the knowledge that the decision In
these very important gases would probably be
rend cred today the court wus filled with
interested spectators when the mem
bers of the court filed into their
seats ut noon. The ATTORNEY General,
ex-Justtce Strong, Solicitor General Aldrich,
Senator Dolph, Senator Pugh, Senator Cock
iSh, poSCTdl mciuUctU OF tuc QtDOnlaGc
corps and many other weii.known gentlemen
were In the crowd and waited patiently
for the decision. number OF other cases
were iirst disposed OF, some of them quite i'm.
portant and with lengthy decisions, SO that
II was about 1870 when the Chinese cases were
reached. The decision was rendered by Justice
Gray, who took rather more than half hour
In the delivery. He stated that as
u result OF the tremendous pressure
of matter attendant upon tho last DAYS
OF the sessions Of the Supreme Court the de-
cision as rendered might possibly fail 10 touch
upon all the steps involved, although tho cases
had received the closest attention from the
court. He would, at later date,
fle with the court . written and more
extensive decision going over ali the points In
more detail. ln u general way the decision as
70 the constitutionaiity at tho Geary act was
based On the Inherent right Of an independent,
sovereign power. III time of peace as well as In
time Of war. 70 exclude from It's territory
whonsoever II might deem at and proper.
At tho conclusion Of tho reading Of the do
oision, Justice Brewer read Z lengthy statement
Of tho reasons thse led him to dissont from the
decision.
NAfs poJSTs OF THE pxciasos.
Justice Gray said In announcing the judg.
ment Of the court that tho power Of this nation
TO restrict or prohibit the immigration Of any
aliens into tho country or 10 require such aliens
already Ia tho country to remove hore from was
we'll se&tlSd principle Of Internal tional law aud
was oonhrmed by an unbrakon line Of decisions
IN this court. The legislative power of the gov
srnment hae not transcended any Of IL consti-
tu.ionai limitations In the act under
consideration. 1t was within its power
70 determine tho regulations under which
these aliens should be permitted to remain In
the United States or failing 20 observe these
the country. The provisions OF
tion OF the act which are the part
OF the law particularly at issue, were
not inconsistent with the relations and duties
Of the Legislative and judicial departments OF
the government. The mode of procedure set
forth in the section are similar TO that In other
well-establshed proceedings such the habeas
corpus ana naturalization, fixing the require
ments of citizenship and the Ike, in which the
Judicial branch Of the government ac-
cepted the determination OF the executive
upon the questions involved As TO the
requirements that the Chinese entitled TO
remain in this country should establish that
right by the evidence of one credible white
witness, Justice Gray said that ii within
the power Of the legislature TO de-
termine the charcter Of evidence that
might be received In case a,
law, and what force should be given to the testi-
mony so offered Not discussing the wisdom
nor the justice Of the act in question, which
was beyond the province Of the judicial
branch OF the government 1t re-
manned only to say that the judgment
of the circuit court for the southern district of
New York in refusing togrant writs Of habeas
corpus to the several petitioners was affirmed.
Mr.. Justice Gray stated that 1t had been i'm
possible In the brief time elapsing since the
hearing OF the argument upon the petitions to
prepare in writing the opinion Of the court. it
would be filed soon it was possible Mr.
Justice Brewer dissented.
THREE DISSENTING VIEWS.
At the conclusion Of Justice Gray's opinion,
Justice Brewer announced that he felt COM
PEELED to dissent from the view Of the majority
Of the court. He read his views ct some length.
declaring in substance that the act
Of 1892 was unconstitutional and that il it were
upheld there was no guarantee that similar
treatment might not be accorded to other
classes o, our population than the Chinese
Justice Field, who delivered the opinion
OF the Supreme Court of the United
States IN the first case under the exclu-
sion act, also read dissenting opinion
He held that there was u wide difference be-
tween exclusion CT immigrants and the deporta-
ton OF alien residents, and he characterized
the act in the strongest language rs inhuman
and brutal; and as violative OF the constitution
al every secuon. ne regretted 10 saw that
the decision of the court was to his mind
fraught with the gravest dangers to the price
less constitutional liberties Of the people.
Chief Justice Fuller also dissented from the
opinion of the court.
What Treasury Oficiais Say.
Tbs first information that the Supreme
Court had decided the Geary hw to be
constitutional was carried 10 most Of the Off
cials of the Treasury Department by a re-
porter of THE STAR Though none OF them ad-
mittedi it, IT was apparent that they had believed
the court would hold the law to be unconstitu-
tional. None of the officials were inclined TO
talk, each Of them referring the re-
porter to the Secretary Of the Treasury, who,
when he was seen. said that he had nothing
to give out, as the question would now
have to be decided. and what action the de-
partment would take was still to be deter
mined. Until he had seen the opinion he was un-
Wiling to make any statements. The
general opinion is that the Treasury Depart
ment will be unable to carry the law into effect.
for 1t Will be necessary to make large ex-
penditure in order to do so and Congress failed
to adequately appropriate sufficient
sum for this purpose. statement has been
prepared at the department which estimates
the balance of the hundred thousand
dollars than which Congress appropriated,
which would remain on the 1st of July.
On March 81 the salary and expenses of deport-
ton amounted TO S5S, $50. At that time twenty
one men were EMPLOYED IN connection with