Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1893-05-25
JOHN MUST GO.
The United States Supreme Court sustains
the Chinese Exclusion Act

The supreme court of the United
States has affirmed the constitu-
tionality of the Geary Chinese exclu-
sion and registration act. The opin-
ion was announced by Justice Gray,
Justice Brewer dissenting. Justice
Gray In announcing the Judgment of
the court said, that the power OF this
nation to restrict or prohibit immi-
grafton OF aliens from any nationinto
the country or to require such aliens
already in the country to remove
therefrom, was a well settled principle
OF international law and was con-
firmed by an unbroken line of decis-
ions in this court.
The legislative power of the govern
ment had not transcended any of it's
constitutional 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 failing to observe these
regulations they should be required to
leave the country.
The provisions OF section of the
act, which are the part OF the law par
ticularly at issue, were not inconsist-
ent with the relations and duties OF
the registrative and judicial depart
ments of the government. The mode
of procedure set forth in the section is
similar to that in other well estab-
lished proceedings, such as habeas
corpus and naturalization, fixing the
requirements of citizenship and the
! like, in which the judicial branch OF
the government accepted the deter
mination OF the executive upon the
questions involved.
As to the requirements that Chinese
entitled to remain in this country
should establish that right by the evil
dence of one creditable white witness,
Justice Gray said that it was within
the power OF the legislature to deter
mine the character of the evidence
that might be received IN a case at
law, and what force should be given
to the testimony so offered. Not dis
cussing the wisdom or justice of the
act in question, which was beyond the
province of the judicial branch of the
government, it remained only to say
that the Judgment of the circuit court
for the southern district of New York,
in refusing to grant writs OF habeas
corpus to several petitioners was
affirmed, Justice Gray stated that it
had been impossible in the brief time
elapsing since the hearing OF the argu-
ments upon the petitions to prepare
in writing the opinion of the court. 1t
would be filed as soon as 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 de-
claring in substance that the act oi
1892 was UNCONSTITUTIONAL, and that
if it was upheld there was no guaran-
tee that similar treatment might not
be accorded to other cases of our pop
ulation. Justice Field, who delivered
the opinion of the supreme court ol
the United States, in the first case
under the exclusion act, also read a
dissenting opinion. He held that there
was a wide difference between the eX
clusion of immigrants, and the depor
tation of alien residents and he char
acterized the act in the strongest Ian
guage as inhuman and brutal and as
a violation of the constitution IL
every section. He regretted to say
that the decision of the court was tC
his mind fraught with the gravest
danger to the priceless constitutions
liberties of the people.
, Chief Justice Fuller also dissenteC
from the opinion OF the court. Aftel
the court had concluded the announce
ment of it's opinion, j. III. Ashton o
counsel for the Chinese, moved TO
rehearing of the case, and argumen
before full bench at the next term
At present the court stands to il
favor of the law, Justice Harlan be
ing absent. The court took the motion
under advisement, the effect of whicl
is to postpone until the motion !
acted upon any proceeding under thi
: Judgment.