Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1893-05-19

amy 4 hint>c lal.urcr. found within the
! r''t states without n certificate of
f'-tH nee To- he removed out Of the
,.n'rN without judicial trial or eX
auu 'tIon, just ~ It might have au
% u such officers absolutely to
I.',.'Ht thar entrance INTO the Coun-
'r. u would hc brutal and oppres-
-lN' The existence 81 the power thus
stated j. only consistent with the adj
ul--'uu that the .oyernment is one
with Unlimited and deSpOtIc power, so
far Dc llIeu, domi,Ilcd i'll the country
A., ,.n,'rucd utterly repudiate all
..,h bottoms. and reply that brutality,
ulHmuuIty or cruelty are not ele
m'nt- IN any procedure for the en-
futc'mcut Of any laws OF the United
state. The punishment is beyond
reason IN It's severity. 1t is out OF all
proportion to the alleged oiieuse. 1t
D. cruel aud unusual and | will not
pursue the subject further. The deci
SION 81 the court and the sanction il
would give 10 legislation depriving res
ldcut aliens OF the guarantees OF the
constitution fill me with apprehension.
Those guarantees are of priceless value
To- every one resident Of the country,
,lthcr citizen or alien. ] cannot but
! regard the decision as blot against
constitutional liberty when it declares
/ Congress has the night to disregard the
4 laws of the constitution intended for
/ the protection OF all men, domiciled in
tt al 81 Il Al
government. in their rights OF person
and property. | am Of the opinion
that the order of the court below
should lac reversed and the petitioners
discharged"
JUSTICE BREWERS OPINION.
Justice Brewer also dissented from
the decision Of the court. His opinion
WAS verbal one. and at its conclusion
lac notified the court lac would prepare
IN extended written opinion on the
subject. which would be filed in the
records OF the case. He said the 14th
amendment could not be construed as
being entirely confined to the protec-
tinn of citizens OF the United States.
The provision applied to all people
living within the Jurisdiction of the
United States. lie defined the mean
ing uf the use Of the word persons"
in the fifth amendment, which he said
must bc equally comprehensive. So
also must he the sixth amendment.
In his opinion there was no question
regarding the general power of the
government To enact laws keeping
people out Of the United States, or to
summarily deal with persons who I'M
lawfully come in. However, this act
dealt with persons who were lawfully
in the United States. 1t is not posi-
blc that any law can be put into effect
that shall take property from people
within our borders for which compen-
sation is not given. 1t is but fair to
say deportation is punishment. 1t is
deprivation Of liberty and removal
from home, family, business and prop
erty. This can he considered nothing
less than punishment of the severest
nature.
Justice Brewer held if a man be
born. brought up aud established here,
he can be seized and driven from the
country under the provisions of the
Geary act. lie insisted that the pow
ers conferred on the collectors were
surely not such as TO constitute due
process OF law. Justice Brewer did
not believe the provisions of the Geary
law made n just provision in reference
tn bringing unregistered Chinese be-
fore proper judges with due respect to
Limitations as to their power, and for
these reasons declared himself une-
quivocally against the law.
CHIEF JUSTICE FILLER DIssENTs.
Chief Justice Fuller also dissented
from the opinion of the court. He
denied the soundness of the PROPOSE
ton that the cases before the court
were such as the political department
Of the government alone could deal
with. IL was in his view judicial
question, and, however reluctant the
court may he to pass upon the consti-
nationality of the legislative act, it
was the very essence of judicial duty
to do so when the discharge of that
duty was properly imposed upon it,
He entertained no doubt of the provi-
sions that the 9th and Nth amend.
ments were universal in their applica.
ton, and while the General Govern.
ment was invested, so far as foreign
countries are concerned, with all the
powers necessary to maintenance OF
its absolute independence and secur-
ity, it would not, in virtue Of supposed
inherent sovereignty, absolutely deal
with persons lawfully and peacefully
within its domain. The act before the
court was not an act to abrOgate or
repeal treaty, nor TO expel China
men lawfully here. and no such intent
could be imputed Ia Congress. Its
object was to prescribe a method of
registration, and the deportation by
way of punishment was, in his view.
an unusual punishment, and one not
authorized by the constitution.
ACTION UNDER DECISION POSTPONED.
After the court concluded the an
nOuncement of the opinions, Ashton,
OF counsel for the Chinese. moved a
rchearing and an argument before the
full bench at tie nextterm. At pres.
ent the court stands 5 to 3 in support
of the law, Justice Harlan being alb
sent. The court took the motion I'M
der advisement, the effect of which is
TO postpone proceedings under the
judgment announced to day.
William Murdoch, of the logging
firm Of Cole & Murdoch, informs the
Mt. Vernon Post that the outlook for
logging on the Skagit river is very
bright this season. The five principal
camps OF the head waters of the Skagit
will turn out this year a grand total
of 25,OO0,0O0 feet of fir logs. Most OF
those logs are purchased for foreign
trade represented by agents who make
their headwaters at Tacoma. Some
of the logs. however, are purchased
by the Puget Mill Co, Port Gamble
Mill Co, and the other of the big
Sounds mills. The Skagit Booming
and Driving Company, OF Hamilton,
will soon have in operation what is
expected to be the biggest camp on
the Skagit river. II is claimed that
the camp will turn out 100000 feet
of logs every month. The camp is
owned and operated by Tacoma peo-
pie.
DIR. N. G. Blalock, Walla 'Walla's
star farmer, is just now formulating
gigantic enterprise for the irrigation
OF all the vast area of land lying be-
tween Pasco and Sprague. He pro,
poses to tap the Spokane river a short