The Portland daily press., 1893-05-16
The CHINESE MUST GO.
Supreme Court Gives Emphasis to
the Familiar Cry.
THE GEARY EXCLUSION ACT FOUND
TO BE CONSTITUTIONAL.

There Are Three Dissenting Opinions,
However. by Chief Justice Fuller, and
Justices Brewer and Field-A Motion
for New Hearing Denied-Decisions
in the Famous Hat Trimmings Cases
Sustained-Uncle Sam Must Foot the
Bills.
WASHINGTON, May 15.-The Supreme
Court of the United States today affirmed
the constitutionaliay of the Geary Chi
nese exclusion and registration act. The
opinion was announced by Justice Gray,
Chief Justice Fuller. Justice Brewer and
Justice Field dissenting. Justice Gray,
in announcing the judgment of the court
said the power of this nation to restrict
or prohibit the immigration of any aliens
into the country, or to require such aliens
already in the country to remove there
from, was well settled principle of in
ternational law, confirmed by an un-
broken line of decisions in this court.
The legislative power of the government
had not transcended any of it's constitu-
tional limitations in the act under con-
sideratioh. 1t was within its power to
determine the regulations under which
aliens should be permitted to remain in
the United States, or, failing to observe
these regulations, that they should be re-
qulred to leave the country. The provis-
ions of section six of the act which were
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. AS to
the requirements that the Chinese enti-
tied to remain in the country, should es-
tablish that right by the evidence of one
credltable white witness, Justice GRAY
said it was within the power of the lepis
lature to determine the character of the
evidence that might be received in a
case at law and what force should be
given the testimony so offered.
Justice Brewer declared, in substance.
that the act of 1892 was unconstitutional.
II it was upheld, there was no guarantee
that similar treatment might not be ac-
corded other classes of our population
than Chinese.
Justice Field also read dissenting
opinion. He held that there was wide
difference between the exclusion of inn
migrants and the deportation of alien
residents. He characterized the act IN
the strongest language as inhuman and
brutal, and as violative of the constitu-
ton in every section. He regretted to
say that the decision of the court. to his
mind, was fraught with the gravest dan
gers to the priceless constitutional liber-
ties of the people.
Chief Justice Fuller also dissented
from the opinion of the court. The
Chief Justice denied the soundness of
the proposition that the cases before the
court were such as the political depart
ment OF the government alone could deal
with. 1t was, in his view, judicial
question, and the very essence of Judi
cial duty for the court to pass upon the
constitutionality of legislative acts. when
the discharge of that duty was properly
imposed upon it. He entertained no
doubt that the provisions of the fifth
and fourteenth amendments were univer-
sal In application, and that while the
general government was invested, so far
as foreign countries were concerned.
with all the powers necessary to the
maintenance of it's absolute indepen-
dence and security, it could not, in vir-
tue OF supposed inherent sovereignty
deal absolutely with persons lawfully
and peacefully within its domain, The
act before the court was not an act to alb
rogate or repeal the treaty, nor expel
Cinnamon lawfully here, and no such in
tent could be imputed to Congress. Its
object was to prescribe method of reg
istration. Deportation, by way of pun
ishment was, in his view, an unusual
punishment, not authorized by the con-
stitution.
After the court had concluded the an
nouncement of the opinions, J. Hubley
Ashton, eff counsel for the Chinese.
moved for a re-hearing of the case and
an argument before the full bench at the
next term. At present the court stands
five to three in support of the law, JUS
tice Harlan being absent. The court
took a short receos, and on re-assembling
denied Mr.. Ashton's motion for re.
hearing: The opinion stands as an
nounced.
A.BlG MILLINERY BILL,
Uncle Sam Must Pay Millions for Hat
Trimmings.