The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-05-16
THE EXCLUSION ACT VALID.
,,s coNsTIIU1ToNALIfr AFFIRMED
ny THE SUPREME COURT.

BY THE SUPREME COURE.
IT,, rourt stood 8 20 o, with Jastice Har-
Ian ACKNOWLEDGEMENTS opirions by CHIEF
J,.,,ce Fuller and justices Field ssa
pr.Ner-Unreeistered Chinnmen May Es-
..,, Deportntion-No Money TO Carey
On, the Act. which May Cost 10000. 900.
WASHINGTON. May 15.-Ths Supreme Court
=, ,be United States to-day affirmed tho con-
s,pn,io,ali:y OF tho Geary Chinese Exclusion
- Gepistration net. The opinion was an
rnunccd rs Justice Gray. Chief Justice Fuller.
Jnsiise Field. and Justice Brewer dissenting.
s~Iusticc cray. in announcing tho judgment
,,,bc court. said thattho rower OF this nation
~ %r..,ric; or prohibit the immigration OF any
.,ions into the country. or to require such
.iione alrendy in The country to remove there
tom was a we'll scttled principle OF inter-
..,ionol law. and was confirmed by m un-
hroten line OF decisions IN this court. The
,,,I.IatIye power OF the Government had not
trarscended any Of Its constitutional limita-
,io,s In the act under consideration. 1t was
xih;, it's power TO determine tho rcGu-
,.,,ons under which these aliens should DO
no,mi,ted 10 remain in the United States.
~ failing to observe these regulations. they
ahnulN nc p8uihc w 20 NV III wv
nrorisions OF section . OF the act, which are
,hs mart o, the law particularly at issue. we're
40, Inconsistent with tn relations and duties
=, ,be legislative and judicial departments OF
thu Government. The mode OF procedure set
,o,.b in the section Is similar to that In other
xsll.sstablished proceedings. such as tho
babeas corpus and naturalization fixing tho
requirements OF citizenship and tho like. in
which the judicial branch OF the Government
accepted the determination OF the Executive
upon the questions involved.
Al TO the requirements that the Chinese en-
Titled TO remain in this country should estab-
fish that right by the evidence Of one credible
white witness. Justice Gray said that It was
within the power OF the Legislature to deter.
mine the character OF evidence tim. might DO
received in q case Mt law and what force should
be given to the testimony So offered. Not dis
c~ussing the wisdom nor the justice OF tho act
in question. which was beyond the province o.
the judicial branch OF the Government. 1t re-
manned only 10 say that the judgment OF the
Circuit Court for the Southern District OF New
York In refusing to grant writs OF habeas
corpus to the several petitioners was affirmed.
Mr.. Justice Gray said that 1t had been impossi-
bic. In the brief time e~lapsinG since the hear.
ing OF the argument upon tho petitions. to
prepare. in writing the oninion Of the court.
III NDulU ne met IN SOpH Hh IL WuS DOS0. ME.
Justice Brewer said that he felt compelled to
dissent from the view OF the majority OF the
court. He read his views at some length. de-
unconstitutional. and that II 1t were upheld
there was no guarantee that similar treatment
population than the Chinese.
Justice Field. who delivered tho opinion Of
the court In the first cass under tho Exclusion
that there was n wide difference etwee en- ex-
clusion Of immigrants and the deportation OF
in the. strongest language as inhuman and
brutal. and as violative OF the Constitution in
sysIs,o se ct .Re c as rs Was tie h to m SAY t i1nn the
with the gravest dangers to the priceless con-
stitutional Liberties OF the people,
opinion of the court. He denied the sound
ness OF the proposition that the cases before
1 men e0 oi the w Gove s1Sn nj aIone ee enuIa de SWIFT Mi,l,.
however reluctant courts may be to nass upon
the very essence Of judicial duty to do so when
the discharge Of that duty was properly i'm
the provisions OF the nftl, and fourteenth
amendments were universal in their a~pplica-
ton. and that while the general Government
s Sfs , @sfs sans s4 ar viii Il , al ihe i Pes:
ers necessary to the maintenanee OF its
s sSSs1 eS,i "a at.oi iaS deal ' WIZ, psrs anns Is9.
act before the court was not an act to abio-
gate or repeal a treaty. nor 70 expel Cinnamon
lawfully here. and no such intent could be i'm
ru,ed to Congress. Its object was to prescribe
imethod Of registration. and the deportation
Denounced by way Of punishment was, In his
rev. an unusual punishment not authorized
Mi. j. Hubley Ashton Of counsel for the
s a. s1ssm m9Teq bs s25 q r q iuII tso OF the q, s re- n and
support OF tho law. Justice Harlan being ab-
slider the motion. and afterward denied It. SO
the opinion stands as announced
HOW UNREGISTERED CHINAMEN MAY ESCAPE DE-
PoRTATIoN.
Secretary Carlisle. soon after he heard OF the
Executive Mansion and had a conference with
the resident on the subject. He remained
saii that. until the line OF artion to he nu n.aeS
BY our Government was mapped out. he could
cay nothing on the subject. except that the
Iorting Chinese. Conservative estimate places
the AMOUNT necessary to deport the unregis-
tered Chinese mt 81. 900. UtQ.
here that unregistered Cinnamon may 20 to
the courts and ask to he allowed to register
lile!tor-Grnerai Aldrich. who has received to-
day many compliments on his victory IN the |
thlnese case. said that an analysis Of the law
]. The failure to have u certificate after the
expiration OF a year puts the, burden OF proof
= The Judge before whom such labo-e- is
BROUGHT j. 10 Try primarily the question Of the
Ihct or Possession OF II certiHca:e-that is.
Wheeler The rerson before him has complied
WIN ne law enjoln!ng u duty upon him.
g. u lie has not complied with such law. Il is
maize the duty OF suc. Judge to order his de-
portation. unless h. establishes clearly 10 the
satlt'actln1 OF said Judge that. by reason OF
accident. sickness. or other unavoidable cause.
ne ma Iern unable 10 procure his certificate.
Or unl"s. he establishes clearly t. the salts.
faction OF the Court. and by ut least IN. cred
ttIs Wii!e wltn"s-. that he was II resilient OF
"" L-AlN"d states ut the time of the Inssa.e
81 lln act. II. uron tn. hearing. il shall aI-
XIII 'i't ~" - 20 "ntit ed TO a certificate. 1t
hhal, Lr granted upon his paying the cost.
~ mo 'linesr !" CATION the Chinese Minis
Ter cohr'rnHSiy declined tn express any oDin-
!nh Gron IN" decision Of the court or 70 give
an! animation rs 10 the course his Govern
nirnt MINT he"ln proper TO a5opt under tie
.n"umsltn'es iie especially declined to say
.,yuln; UPON III" alleged retnlin,ory Motley
~ Uru'rln. me expulsion ~ Americans from
this morning. "eeia'c"
s@HyernTt%nt officers express surprise at the
sS,ts.hn' nAl refrain from venturinc onjnions
r. !, me iu,urr action IN carrying or III. law
for - umdGrst.ot mat the suhicct" will come IN
cormotrnw. Until a moro definite plan Of nro.