Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1893-05-25
WE CAN EXCLUDE.
The Geary Exclusion Act Is De-
ciared Constitutional by
the Courts.
Justice Gray Renders the Opin-
iOn---Three Justices
Dissent.

The supreme court of the United
States has affirmed the constitutions
allty OF the Geary Chinese exclusion
and registration act. The opinion
was announced by Justice GRAY,
Justice Brewer dissenting. The an
nouncement that a decision in the
case was expected, attracted a large
number OF spectators and the fact
that it was the last day Of the term
accounted for the presence Of an
unusually large array of ATTORNEYS
within the bar, including Attorney
General Olney, Solicitor General
Aldrich, Senators Pugh, Dolph and
Cockerell. Ex-Justice Strong and
several members of the diplomatic
corps were interested spectators.
Justice Gray said, in announcing
the judgment of the court, that 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 therefrom, was a well settled
principle Of international law and
was confirmed by an unbroken line of
decisions in this court. The legis-
lative power Of the government had
not transcribed any of its consti-
tutional limitations in the act under
consideration. 1t was within it's
power to determine the regulations
under which these aliens should be
permitted to remain in the United
States, or, falling to observe these
regulations, they should be required
to leave the CO untry; provisions of
section 6 OF the act, which are the
part of the law at issue were not in
consistent with the relations and
duties Of the legislative and judicial
departments Of the government.
The mode Of procedure set forth in
the section is similar to that in
other well-estabiished proceedings,
such as the haheas corpus and
naturalization, fixing the require
ments Of citizenship and the like, in
which the judicial branch Of the
government accepted the determi-
nation Of the executive upon the
questions involved.
AS the requirements that the
Chinese entitled to remain in this
country should establish that right
by the evidence Of n credible white
witness, Justice Gray said that it
was within the power OF legislature
to determine the character of evil
dence that might be received in a
case at law and What force should be
given TO the testimony 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,
it remains only to say that the judg-
ment of the circuit court for the
Southern district Of New York in
refusing to grant writs of habeas
corpus to the several petitioners was
affirmed.
Justice Gray stated that it had
been impossible in the brief time
elapsing since the hearing of the
argument upon the petitions to pre-
pare in writing the opinion of the
court. 1t would be filed as O as it
was possible.
At the conclusion of Justice Gray's
opinion, Justice Brewer announced
that he felt compelled to dissent from
the view of the majority Of the court.
He read his views at some length,
declaring in substance that the act of
1892 was unconstitutional and that,
If it were upheld, there was no
guarantee that similar treatment
might not be accorded to the other
classes OF cur population than the
Chinese.
Justice Field, who delivered the
opinion OF the supreme court of the
United States in the first case under
VIZ SANiuSioh dSUS dlSO ICdO u ulSSeuu-
ing opinion. He held that there was
a wide difference between exclusion
Of immigrants and the deportation of
alien residents and he characterized
the act In the strongest language as
inhuman and brutal and as violative
OF the constitution in every section.
He regretted to say that the decision
of the court as rendered was 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.
President Cleveland has made up
his mind that the interests of the
country demand the repeal Of the law
OF 1890 which requires the United
States treasury to purchase $500, 00(