Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1893-05-16
THE Chinese MUST GO.
The Supreme Court Holds the Gsary
Law Constitutional.
THREE OF THE MEMBERS DISSENT
From the Opinion Of the Majority,
While One is Absent-Justice
Gray Delivers the Opinion
Orally-The Written Decision
Will be Filed Later-How the
Chinese Residents Take the
News.

WASHINGTON, d. c., May 15.-The
Supreme Court OF the United States TO-
day affirmed the consttutionality OF the
Geary Chinese exclusion and reglstra-
tion act. The opinion was announced
by Justice Gray, Justice Brewer
dissenting. The announcement that
decision in the case was ex-
pected attracted large attend
ance, and the fact that it was the
last day Of the term accounted for the
presence of an unusually large array OF
attorneys within the bar including At
torney General Olney, Solicitor General
Aldrich, Senators Pugh, Dolph and
Cockrell. Ex-Justice Strong and sew
sral members Of the diplomasic
corps were interested specta-
tors. Justice Gray In announcing
the judgement OF the court said that the
power OF this country TO restrict or pro-
hibit the immigrations OF any aliens
into the country or to require such
aliens already in the country to remove
therefrom was a well-settled principle
OF international law and was confirmed
by an unbroken line OF decisions in
this court. The legislative power OF
the government had not transcribed
any OF its constitutional limitations in
the act under consideration. 1t was
within its power TO determine the reg
ulations under which these aliens
should be permitted to remain In the
United States or falling to
observe these regulations they
should be required TO leave
the country. The provisions OF section
6 OF the act, which are the part OF the
law at issue, were not inconsistent
with the relative duties OF legislative
and judicial departments OF the govern
ment. The mode Of procedure set forth
in the section are similar to that In
other well established proceedings such
as the habeas corpus and naturalization
and fixing the rights OF citizenship,
in which the judicial branch OF the
government accepted the determination
OF executive upon the questions In
volyed. AS to the requirement that
Chinese entitled TO remain in this coun-
try should establish that right by the
evidence OF creditable white witness,
Justice Gray said IL was within the
power of the Legislature to determine
OF the character OF evidence that might
be received in a case al law and what
force should be given to the testimony
so offered. Not discussing the wisdom
or the Justice OF the act, which was be-
yond the province Of the judicial branch
of the government, IL remained only to
say that the Judgment of the circuit
court OF New York in refusing TO grant
writs of habeas corpus to the several
petitioners was affirmed.
Mr.. Justice Gray stated that II had
been impossible in the brief time elaps-
Ing since the hearing of the argument
upon the petitions to prepare In writing
the opinion OF the court. 1t would be
filed as soon as 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, declaring
in substance that the act Of 1892 was
unconstitutional, and that II ii were
upheld there was no guarantee that
similar treatment might not be accord
ed TO other classes Of our population
than Chinese.
Justice Field, who delivered the opih-
ion of the Supreme Court Of the United
States in the first case under the exclu-
sion act, also read dissenting opinion.
He held that there was a wide differ
ence between the exclusion OF emigrants
and the deportation Of allen residents,
and he characterized the act In the
strongest language as inhuman and
brutal and as violatiye Of the constitu-
tion in every section. He regretted to
saw the decision OF the court was, to his
mind, fraugnt with the gravest dangers
to priceless constitutional liberties OF
the people.
Chief Justice Fuller also dissented
from the decision OF the court.
After the court had concluded the an-
nouncement of opinions, Mr.. Hubley
Ashton, OF counsel for the Chinese,
moved for a rehearing Of the case and
argument before a full bench at the
next term.
At present the court stands 70 Ia
support OF the law, Justice Harlan being
absent, The court took the motion
under advisement. the effect OF which is
to postpone until the motion Is acted
upon any proceeding under the judg-
ment Of the court announced to-day.
TIE NRWS IN SAN FRANCISCO.