The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1893-05-20
GEARY ACT CONSTITUTIONAL
Decided by a Vote of 5 to 8 in the
Supreme Court.
Justice Gray Announces the opinion..c chis,
Justice Fuller and Justices Brewer
and Field Dlsasnt, Harlan
Absent,

WAsd4N0IONS w ihdy 10 Inc supreme
court Monday, through Justice Gray,
sustained the decision Of the New Yorl
courts in favor Of the constitutionality
OF the Geary exclusion act.
Justice Gray said in announcing the
Judgment of the court that the powe,
of this nation to restrict or prohibit.
the immigration OF any aliens into the
country or to require such aliens al,
ready in the country to remove here.
from was q we'll settled principle of in.
terhational elaw and was confirmed
by an unbroken limo of de.
cisions in---tfrts - court. The
Legislative power OF the gov
ernment had not transchnded any OF
Its constitutional limitations in the act
under consideration. 1t was within its
power to determine the regulations
under which these aliens should be per-
mitted to remain in the United States,
or failing to observe these regulations
they should be required to
seaye the country. The pro-
visions of section 6 of the
act which is the part of the law par
ticularly at issue, were not inconsistent
with the relations and duties of the
Legislative and judicial departments OF
the government. The mode of pro.
cedure set forth in the section is Sim.
ilar to that in other well 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 tho determin-
ntion of the executive upon the qucs-
tions involved. CAS- to the requirement
that the Chinese entitled to remain in
this country should establish that
right by the evidence of one credible
white witness, Justice Gray said that
1t was within the power Of tho legis-
lature to determine the character of
the evidence that might be received in
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 question, which was be-
yond the province of the judicial
branch of the government, it remained
only to say that the judgment of tho
circuit court for the southern district
of New York in refusing to grant
writs Of habeas corpus to the several
petitioners was affirmed.
Justice Gray stated that 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. Itiwould be filed
rs soon as it was 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, declar
ing in substance that the act of 1899
was unconstitutional and that if it
We're upheld there was no guarantee
that similar treatment might not be
accorded to other classes of our people
than Chinese.
Justice Field also read a dissenting
opinion.
Chief Justice Fuller also dissented
from the opinion Of the court
4 After the court had concluded the
announcement Of opinions j. Hubley
Ashton, of counsel for the Chinese,
moved for rehearing OF the case and
an argument before full bench at the
next term. At present the court stands
five to three in support of the law,
Justice Harlan being absent. The
court took a short recess to consider
the motion of j. Hubley Ashton for
rehearing of the case before o full
bench at the next term of court After
the recess the court denied the motion
for rehearing, SO the opinion stands
hs announced.