The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-07-30
CHINESE LAWYERS ACTIVE.
The Whole Court Should Have
Taken Part.
HARLAN WAS ABSENT IN PARIS.
The Six Companies Hope to Win by a
Change in the Personnel OF
the Court.


fought over again. The statement will be
received with great deal OF surprise by
Californians, who have hardly finished
congratulating themselves Oh the decision
by which il was established that the OBJ
jectionable Chinese element could be PIE
vented from landing on our shores in the
future, and while il was not the ostenslble
intent of the law at the same time an even
moro desirable result seems about TO fol-
low-the removal of most of the Chinese
now in the country. because OF their re-
fusal to comply with the registry require
ments of the law.
But when all the events which have
occurred since the former decision was
rendered are considered it becomes evil
dent that there is by no means certainty
that the next decision of the Supreme
Court will be 10 the same effect as that
already handed down.
Indeed, the chances seem to be very
much against the sustaining of that de-
cision, and forecast of the case, with the
knowledge which is now at hand, does not
prove highly satisfactory TO the average
Californian, though the tender-hearted
people in the East, who all along have
been protesting against the in humanity"
of the law. may now probably have an
opportunity to applaud what they will
term righteous decision.
There is regulation of the Supreme
Court of the United States adopted by that
body years ago to the effect that any ques-
ton Of grave constitutional Importance
must be presented before the whole court,
and according to this rule any opinion
4,
of the court would not be in accordance
with the traditions of that body and would
therefore be null and void.
When the Geary law came up before the
court in May Justice Harlan was absent
in Paris and. according to the rule Just
cited, the other members of the court
could not render an opinion on a question
which affected grave constitutional rights.
The attorneys for the Six Companies.
learning this rule of the Supreme Court,
were net slow to take advantage Of if, and
are making preparations to bring I'D
another case in October. at which time the
arguments Will all be gone over again.
These attorneys claim that the case is
exactly in the same condition as it was
b. ore the court rendered its former deci-
81 q, that is just as il the matter had never
been presented to the court, and pTepara-
ti1ns are now being made for q much
harder fight than was made before.
The method of procedure will be much
the same as on the former occasion. A
Chinese will be arrested in New York
City and the case II once rushed through
the lower courts and taken Immediately to
the Supreme Court, and then every posi-
Wi he in rd IN
obtain a decision declaring the law IN
constitutional.
But in the meantime changes have taken
place which may Of themselves be the
means of changing the decision. indepen-
dent of the arguments which may be adj
vanced, and it is this hope that cheers the
opponents of the law and leads them 10
think that their contention may result
more successfully.
The personnel Of the court which will
sit to hear this second trial will not be
the same which listened TO the arguments
before.
OF the eight Judges who we're present
Justices Gray, Blatchford. Lamar. Brown
and Shiras united in declaring the law con-
stitutional, while Chief Justice Fuller and
Justices Field and Brewer dissented.
Since that time Justice Biatchford, one
of the strongest upholders of the law and
one of the bitter opposers Of the Chinese,
is dead, thus reducing the number of
Judges in favor Of the law to four.
At the same time Justice Harlan has re-
turned, and it is claimed that he is not in
favor OF the law. and that if it comes be-
fore him for a decision be will unite with
the three Judges who dissented, thus msk-
iDg four Judges opposed to the consttu-
tionality of the law, as against four in
favor Of it.
Just what this might result in is at pres
ent an open question. Some good const-
tutional lawyers say that in order to sus-
tain law a majority of the court must
unite in the opinion to that effect, while
others. with apparently just as good au-
thOrity. assert that the law stands, I'M
less majority of the court agree in tie
opinion of its nconstitutionality.
But there is another very important
phase of the question. which the enemies
of the law are fond of contemplating, and
that is the attitude which President Cleve-
Iund has assumed toward the act by prac-
tically suspending its operation.
These persons are confident that the
President will send the name of the sue
cessor of Justice Blatchford 10 the Senate
very soon after the special session shall
have assembled. and they are equally posi-
tive that the new Justice, whoever be may
be, will be in accord with the views of the
President Cd this question. and in that
case the Justices who believe the law to
be unconstitutional would be FIVE, and
would DtrDl the court
1--WE will make much stronger showing
before the Supreme Court this time" said
Attorney Riordan last night
Everything was so hurried when we
presented our case before that many i'm
portant and even convincing arguments
were overlooked.
ut is d fact that but ten days we're con-
sumed in preparing the brief for the Su-
preme Court, and there was very little
time to prepare the arguments. We will be
better prepared this time, and will be able
TO present the case In such way as must
give US the best OF the argument, and in
addition to that we have the right on our
side and are bound to win"
The Divorce Court.