The record-union., 1893-05-16

in substance the Act of 1892 unconstitu-
tional and that if it was upheld there
would be no guarantee that similar treat
ment might not be accorded to other
classes of our population.
Justice Field, who delivered the opin-
ion of the Supreme Court in the first case
under the Exclusion Act, also read dis
senting opinion. He held that there was
a wide difference between the exclusion
OF immigrants and the deportation of
alien residents, and characterized the act
in the strongest language as inhuman,
brutal and violative of the constitution
in every way. He regretted to say that
the decision of the court to his mind was
fraught with the gravest dangers to con-
stitutional liberty.
In dissenting opinion the Chief JUS
tice denied the soundness of the PROPOSE
ton that the cases before the court were
such as the political department of the
Government alone could deal with. 1t
was in his view a judicial question, and
however reluctant the court may be to
pass upon the constitutionality of legis-
latlve Acts, it was the very essence of ju-
dicial duty to do SO, when the discharge
OF that duty was properly imposed upon
1t. He entertained no doubt that the pro-
visions of the fifth and fourteenth amend
ments were universal in their applica-
ton, and while the General Government
was invested, as far as foreign countries
were concerned, with all the powers
necessary to the maintenance of its abso-
lutte independence and security, it could
not, by virtue of supposed inherent SOW
erelgnty, absolutely deal with persons
lawfully and peacefully within its do
main. The Act before the court was not
an Act to abrogate or repeal treaty, nor
to expel Cinnamon lawfully here, and no
such intent could be imputed to Con-
gress. Its object was to prescribe a
method of registration and deportation
denounced by ways of punishment. 1t
was, in his view, an unusual punishment
not authorized by the Constitution.
After the court had concluded the an
nouncement of it's opinions, Ashton, of
the counsel for the Chinese, moved for a
rehearing and argument before the full
bench at the next term.
At present the court stands five to three
in support of the law, Justice Harlan
being absent.
The court took the matter under advise
ment, the effect of which is to postpone
proceedings under the judgment an
nounced to-day.
NO ORDERS YET ISSUED.
WASHINGTON, May 15.-No orders have
been issued at the Treasury Department.
at the close of business to-day as to de-
porting Chinese under the Geary Act.
The instructions under which Collectors
Of Internal Revenue and United States
Marshals are now operating direct them
to make no arrests of unregistered China
men until further orders. These orders
may be given tomorrow after a Cabinet
meeting or deferred for a longer period.
Secretary Carlisle, soon after he heard of
the decision of the Supreme Court, went
to the Elective Mansion and had con-
ference with the President on the subject.
He remained for an hour or more.
Attorney General Olney said that until
the line of action to be pursued by our
Government is mapped out he could say
nothing on the subject, excepting that
the Department of Justice had no money
available for deporting Chinese.
A conservative estimate places tie
amount necessary to deport unregistered
Chinese at $5,00O,0OO, with only S16,806
available for the purpose. Intimations
are heard that Congress may be convened
to consider the matter.
The suggestion is made in official cir
cles here that Chinese unregistered NAV
now go to the courts and ask to be al
lowed to register and remain in this
country. In any view of the case the
Treasury officers expect to experience
great difficulty in carrying out the man
date of the law that the Chinese must go.
They look to the Cabinet to solve the
problem at meeting tomorrow.
At the Chinese Legation the Chinese
Minister courteously declined to express
any opinion upon the decision of the
court or to give any intimation as to the
course his Government might deem
proper to adopt under the circumstances.
He especially declined to say anything
upon the alleged retaliatory policy of Or
dering the expulsion of Americans from
China, referred to in a San Francisco dis
patch this morning.
Mr.. May, counselor to the Chinese Le-
cation, said the contest against the law
would doubtless be transferred to Con-
gress when it meets In the fall. Under
the present conditions it would be i'm
possible for the officials to execute the
law literally, because there is practically
no money with which to carry its pro-
visions into effect. Mr.. May called atten-
ton to the fact that when an effort was
made to secure the insertion of an item of
100000 in the appropriation bill for the
purpose of enabling the executive author
tiles to carry out the provisions Of the
law, Holman antagonized and defeated it.
The consequence was that Congress ap-
propriated only $1,000, the sum hereto
fore annually provided with which to
deport Chinese who might unlawfully
secure entrance into the United States
and be detected. It was an unfortunate
and deplorable condition of affairs. he
said, which threatened the existence of
the peaceful and peaceable relations of
China and the United States, and left
hundreds of natives of each country in
the territory of the other, practical host
ages for each other.
Attorney Riordan, of counsel for the
Chinese, was asked if he was surprised
at the decision.
Surprised" replied he, ''Pm dumb
founded. Those dissenting opinions
were unanswerable."
what will you do now for the Chi
nese?"
"Oh, I don't KNOW" said Riordan.
1--WE have not held consultation YETI
''Do you believe the Treasury Depart
ment will immediately execute tho lon,