The Superior times. [volume] (Superior, Wis.) 1870-1912, 1893-05-20
GEARY LAW VALID
Inc United States Supreme Court SustainS
the Newly Enacted Exclusion Law.
WASuTEcro>- n ~ "

W.
WASHINGTON, d. c., May 15.-The su-
preme court to-day, through Justice
Gray, sustained the decision of tho
New York courts in favor of the coDsti-
tutIonallty of the Gcary exclusion act
Justice Brewer dissented
The announcement that q decision j.,
the case was expected attracted . larI,a
attehdahce OF spectators and the
IacI that 1t was the last day of the
term accounted for the presence of
an unusually large array of ATTORNEYS
Wlthln the bar, including Attorney
teneral Olney, Solicitor-tieneral AID
rich, Senators Pugh, Dolph and Cock
rell. Ex-Justice Strong and several
members of the diplomatic corps were
interested spectators.
ouslce tray IN announcing the iudp-
hlent OF the court, said that the power
vi inis nation TO restrict OF prohibit the
Immigration of any aliens into the conn
w OF 10 require such aliens already in
the country TO remove therefrom. was a
well-settled principle of intarnationa1
law ana was confirmed bv an unbrokpn
me OF decisions in this court. The leo
iHiatlVe power OF the government had
not transcended any of lis consti-
tutlonal limitations in the act under
consideration. 1t was within its power
TO determine the regulations under
which these aliens should be Dermittad
to remain in the United States. or tail.
ing to observe these regulations. they
should be required to leave the coun
try.
lhe provisions of section of the act.
Which are the part of the law particu-
lafly at issue, were not inconsistent
with the relations and duties of the
legislative and judicial departments of
the government. The mode of proce-
cure set forth III the section are
similar to that in other we'll
established proceedings, such as the
habeas corpus and naturalization, fixing
the requirements of citizenship and tho
like, IN which the Judicial branch of the
government accepted the determination
OF the executive upon the questions in
volyed
As to the requirements that the
chinese entitled To remain in this Coun-
try should establish that right bv the
evidence of one credible white witness,
Justice Gray said that it was
within the power Of the legis-
lature 10 determine the character
OF evidence 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 Ques-
ton, which was beyond the
province of the judicial branch of the
government, it remained only to say
that the Judgment of the circuit court
Southern District of New York in refus-
ing to grant writs of habeas corpus 10
the several petitioners was affirmed
Justice Gray stated that rs it had been
impossible in the brief time elapsing
since the hearing of the argument upon
the petitions To prepare in writing the
opinion of the court, it would be filed
as soon as 1t was possible.
At the conclusion Of Justice Gray's
opinion, Justice Brewer announced that
be felt compelled 10 dissent from the
view of the majority of the court. He
read his views at some length, declaring
in substance that the act in 1892 was
unconstitutional and that if it were up
held there was no guarantee that SINH
lar treatment might not be accorded to
other classes of our population than
these chinese.
Justice Field who delivered the opin-
ion of the supreme court of the United
States in the first ease under the eXclu-
sion act, also read dissenting opinion
He held that there was 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
yiolative of the constitution to every
section.
Chief Justice Fuller also disscnted
from the opinion of the court.
After the court had concluded the
announcement of opinions, J. II. Ash
ton, of counsel for the Chinese, moved
tor a rehcaring of the case and an argu-
ment before full bench at the next
term. At present the court stands
five to three III support OF the
law, Justice Harlan being absent. The
court took the motion under advise
ment, the effect of which is to postpone,
until the motion is acted upon, any pro-
cecding under the Judgment OF the
court announced to-day.
The act requires that every Chlnaman
I'm the United States shall on or before
Nav ) appear i'll person before the
collector Of internal revenue in whose
district he resides and register, the
certificate of which registration shall
be evidence Of his right to remain IN
this country. Cinnamon failing to reg
lister are liable to arrest and dcporta-
tiOn. II is estimated that there are IN
the United States 100000 Cinnamon, OF
whom comparatively few have complied
with the provisions of the act.
Pending the decision the Treasury
DEPARTMENT issued orders that no steps
should be taken under the act.