The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-05-16
The Supreme Court Holds the
Act to Be Constitutional.
THREE JUDGES DISSENT.
Justice Gray Delivess the Opinion for
the Majority of Bench.
Chtef Justice Fuller and justices Field
and Brewer Give Their Reasons far
Observation-Disclosures Pleased With
News-Congressman GeAry's Views.

! News-Conxresssnan GeAry's Views.
WssnISsroS Cry. May i5.-Thc su-
/ rreme court today. through Justice Gray.
| sustained the decision Of the New York
/ courts In favor of the consti;u;ionality of
| the Gea-y Chinese exclusion acts Chief
/ Justice Fuller and Justices Brewer and
/ Field dissenting. Justice Harlan was alb
sent. The announcement OF the decision
| IN the case was expected and attracted a
large attendance of spectators and astor-
neys. including Attorney General Oiney,
/ Solicitor General Aldrich and Senators
| Pugh. Dolph and Cochran. Justice Gray.
III announcing the Judgment of the court,
| said:
The power of this nation to restrict or pro-
/ hibit the Immigration 81 aliens into the county
or require such aliens as are already IN the
country to remove thereirom is weli settled
| principle OF international law. confirmed hy an
unbroken line OF decisions in this court. The
| Legislative power OF the government has not
transcribed any OF its constitutional iimlta-
| tons In the act under consideration 1t was
within its power TO determine the regulations
under which these aliens might bs permitted 30
remain in tae United States. or failing to OBJ
| serve these regulations &c required to leave the
Aue provisions ui section y OF tSc ACT,
which are the part Of the law particularly
/ q. issue are not inconsistent with the relations
and duties OF the legislative and judicial de-
parements OF the government Moreover tho
| procedure under thar section Is similar to we'll
/ established proceedings, such a. habeas corpus
| aud naturalization. fixing the requirements Of
citzenship and ths like. in which tho judicial
| branch OF the government has to accept the de-
| termination Of ths executive upon the Qucs-
| t:ons iavoived. As 20 the requirements that
! the Chinese eatitled to remain in this country
should establish such right by the evidence OF
| one credible white witness, il was within the
| power OF the Legislature to determine the
character OF evidence that might be received in
case at Law and what force should be given to the
testimony so offered. lie was not Discussing the
wisdom or justice of the act in question. which
was beyond the province OF the judicial branch
OF the government II rcmains only to say that
the judgment Of the circuit court Of the south
ern district of New York in refusing to grant
writs Of habeas corpus to petitioners was
affirmed.
Justice Gray said the question presented
WAS the constitutionality and effect OF the
sixth section Of the act entitled IAN act to
prohibit the coming of Chinese persons
into the United States" The justice
sketched the provisions of the law rapidly
and then proceeded to say:
| 1t was perfectly we'll settled a. one OF tho
fundamental principles OF the law OF nations
that every independent nation hsd an inherent
right to keep aliens out OF its own territory and
to order them TO get out OF its ter
ritory. That power tho public welfare de-
mandcd; that power exists in time of
and equally SO in times of peace. aud has
always been recognized a. belonging to an indc-
pendent nation. The United States. like all of
tho great powers has power 70 make war. TO
make peace, to pass acts OF naturalization. and
10 pass all necessary ana proper laws
to carry out the powers rcposed in con-
grcss. On the political department OF the
government devoivsd the caro- OF the intcrna-
tional relations. 1t had been settled in two
cascs that the rower OF exclusion may be vested
in executive Off sers. ard that the aid oi the ju-
dietary might be invoked. IL was no new
thing in public law for matters TO bc executive
and political in the first instance. and then Of
judicial force. ~ the political department might
direct The courts have no authority TO revise
the decisions or action and effect in these cases.
except so far as provision has been mado BY law.
The treaties with China provided originally Tor
free intercourse. That was in ls6a Then IL
was found that IL was necessary TO have moro
power for the convenient regulation
OF this matter ard subsequent treaties
moro distinctly recognized. a. con-
fempiated by the contracting parties.
the powc. {, regulate the entrance OF Chinese
inio this country. II coagress makss = law in
consistent with = treaty, ii may give . foreign
nation right TO complain and 10 take such ac-
tien as II may deem best for its own interest.
but the duty OF the courts OF the United states
II clear, and they mu.t recognize its force.
Justice Gray here dwelt at length upon
the objection that had been made to the
arbitrary power conferred upon executive
officers in making deportatons. He said:
II az investigation was made IL would be =
jndiciai investigation. The law provided tha,
Chinamen shall be depoTted unless they
shall clearly establish certain facts
to tho satisfaction OF the Judge
The legislature had . right 10 prescribe wna,
evidence Should be demanded before its iua.-
cial tribunsls- 1t was within its power to pro-
vide that those aliens who have been q year
within tho Cai'cd states without getting out
certificates should be depofted. I, had the
right TO define whs: witnesses should 10
heard, and the right to protect the
courts against testimony from persons rho
had regard for the sanctity Of oath. lie
would not touch upon the wisdom, the policy
even the justice OF the act Those questions
were for the political. legislative aud executive
department OF tho government, II the sci were
within the constitutional powers, and j: would
DO out OF place for tho cour; 10 interiors.
What congress had done had not beea 10
r.oyide for snv definition os crime in the
act not to provide any punishment IL pro-
yldei that the persons in question should lie
ssnt out oi the country 20 the place !rota whence
they came. IL provided, not Tor the jurisdiction
oF.crirne. but simply for the rernova. Of parsons
whose presence congress considers Inconsistent
with the pub,ic welfare. IL must Ic resnera-
terea Chinese cannot te ns;g.a,izei Doaoiiess
they are emitted 10 the security aud the sale
guard Yuara a,eed hy ths constitution and the
laws in saeh q measure as they provide, but
there vas nothing In the constitution or laws
which ifnpugned The power OF congress to con-
..si them 90 Leave the county.
The Judge said that his opinion in writ
ing would be filed a. soon as possible
AZ the conclusion of Justice Gray's
opinion, Justice Brewer announced that
he would be compelled TO dissent from the
view Of the majority Of the court. and
read his views as some length. declaring
in substance that the act If isS. was un-
constitutional. ana that !. upheld there
vas no guarantee that similar treatment;
gh. not he accorded other classes Of
our population.
Justice Field delivered the principal dis
sentlng opinion. He said
TIE power Of TIE government to exclude for
eigasrs from ihis ecusry' iha; Is,
20 prevent them from entering
1, vhsnsver sss pab.ic iatesss. Ia
Us sxrnsn, requires suen exclusion. has tssa
r~rS.te:iy asxesssf hY tie legislative depart.
,msu,. cgs the dsposta,on from this couns.y Of
rersons lawfully cozaie!ie1 therein By te.ruls.
sloa os the govsrnmen: aad eagsgsi In the Of
etaary pursuits cf life. bss never bssn sassrtai
nv the Yoreranen ns siaes iis fourdaslsu sxcsps
70, crfrae os A. ses OF var "a view OF exiss.sy
os anticipated kossIiis.ss. ssIsss the aiiea
set OF isSs eaS - eensidsred a.