The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1893-05-20
THE LAW CONSTITUTIONAL.
Chinese Must Go II Convenient and
Agreeable aud EXpediont.
A Decision That Can Not be Enforced.
1t VIII Cost $8,OOO,OOO to Deport
John. No Approximation Made for
His Passage.

His Passage.
Washington, May l5.-Thc United
States supreme court today, through
Justice Gray, decided the Chinese ex-
clusion law constitutional. Chief
Justice Fuller aud Justices Field and
Brewer dissented.
Justice Gray, in announcing the
Judgment of the court, said the power
OF this nation to restrict or prohibit the
immigration of aliens, or compel those
already in the country to remove there
from was a well settled principle Of in
ternational law confirmed by an .un.
broken line of decisions in this court.
The legislative branch OF the govern
ment had not transcribed any of its
constitutional limitations in the act
under consideration. It was within its
power to determine regulations under
which these aliens should be permitted
to remain in the United States, or, fail
ing to observe these regulations, be re-
Quired to leave the country.
The provisions of section @ Of the act
which is the part OF the law particu-
larry ut issue are not inconsistent with
the relations aud duties of the legis-
lative and judicial departments of the
government.
Justice Gray said the question pre-.
sented was the c0nstitutiOnality and
effect Of the sixth section OF the act en-
titled an 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 it was perfectly well settled rs one
Of the fundamental principles Of the law
Of nations that every independent ma
ton has an inherent,right to keep aliens
out of its territory; and to order them
to get out of its territory; that power
the public welfare demands; that power
exists in time of war and equally so In
time of peace, and always has been rec
ognized as belonging to independent
nations.
The United States, as all of the great
powers, has power to make war, TO
make peace, to pass acts of naturaliza-
ton, to pass all necessary and proper
Jaws to carry out the powers reposed in
of the government devolved the care of
international relations.
Washington, D. e., May 18.-The
Chinese question occupied the entire
attention of the Cabinet at the meeting
today. 1t is understood that the con-
clnsion reached by the Cabinit was
that the law could not be enforced for
the reason that there is no money
available for the purpose. The act
only carries an appropriation of $780,
600. Secretary Carlisle showed that not
more than $4,000 of that sum
remained. 1t lis estimated that it would
cost to deport all the Chinese now in
the country who have not complied
with the law. more than six million
dollars.
It is assumed in the ordinary course
that the Supreme Court, as soon as the
majority Of the members of the court
determine upon its exact phraseology,
viii transmit to the Chinese Minister
the decision in full, to be by him for
warded to his Government. This will
necessarily involve considerable delay,
and Congress will probably be again in
session before q reply can be made to
the communication. 1t is evident that
the Administration was surprised by
the decision, and the situation is very
perplexing. With the constitutionality
Of the law settled, it is embarrassing
not to be able to enforce it, but in the
absence of money for the expense of
dep0rting the Chinese ii they would
simply accept the situation and comply
with the law, it would simplify
matters, but the expectation is that
most Of them will not do this, but will
resist as long as possible. AS to the
expense of enforcing the law, it is not
by any means sure that, if Congress
were in session, the money would be
appropriated.
FAR-REACHING IN ITS EFFECTS. !,
| The effects of the Chinese decision
are far reaching, aud. involves, accord
ing to the views of many diplomats
and naval officers. the severance of dip
| lomatic aud commercial relations with
! the Chinese empire. They are firm in
/, the belief that the celestials will retail
ate in kind against the the United
States in the event OF unregistered
Chinese being driven indiscriminately
{ out of this country. This is an ex-
treme view of the situation, but that it
is not regarded altogether an improba-
bility is evidenced by the fact that the
naval officials are considering the ques-
ton in connection with the reOrganiza-
ton OF the American squadron in Chi
nese waters. The original plan WAS to