The morning call., 1893-05-16

| hastily prepared by me, but was pruned
| down while it was in conference commit
| tee. have never had any doubt about
| its consitutionality. The majority OF the
| court sustans the law upon the principle
| that the political power of the Government
| can prevent the coming Of foreigners to
| this country, and can also require their
deportation when deemed necessary for
| public safety. As | understand the de-
cision. the minority nf the court, dissenting
| from the opinion of the majority, hold
that there is a wide distinction tn
be taken between the exclusion of
foreigners and the deportation OF those
already here. and that foreigners who
have come here at the invitation or by the
consent of the Government, and are law
fully here, come within the provisions of
the fifth and fourteenth amendments of
the constitution; that the sixth section of
the Chinese registration act Is unconsti-
tutiOnal because it provides cruel and
unusual punishment for an emission to
register, and that the proceeding for the
deportation of the Chinese is summary
proceeding not warranted by the amend
ments referred to. The dissenting opinion
of Judge Field was a strong presentation
of this view.
"The c0nsttutIonality of the law having
been affirmed by the Supreme Court. there
appears to be no course left open for the
Government to pursue but to execute the
law. OF course great deal cannot be
done toward deporting 100000, more or
less, Cinnamon in the United States with
the balance of the appropriation for this
purpose at tine disposal of the Govern
ment. During the last session of Congress
l introduced an amendment 10 increase
the appropriation for the purpose OF exc
cutting the Chinese restriction law from
$50, 600, as proyiuPd in the bill as it came
from the House, to S5G0,0Q0 My amend
ment was referred to the Committee on
Foreign Relations and was reported by me
fayorably from that committee, so that it
was in order TO offer it in open Senate
when the bill came up for consideration,
but was taken seriously ill and was not
able to be in the Senate at that time, so
the amendment was not offered.
"As long as the Chinese defy the law
there is no course left but to execute ii,
but if the Chinese Government, through
its proper officials. would now indicate
that the Chinese laborers entitled 10 re-
main in this country were drsirous of reg
istering. it is possible Congress might ex-
tend the time to enable them to do so, but
while the law is defed I do not think Con-
gress will ever repeal or modify it. don't
think a threat OF retaliation will have the
least influence. In my judgment there
has been a great deal Of unnecessary op-
position and unwarranted adverse criti-
cism of the law.
"Owing to the constant effort on the part
OF the Chinese to eVade restriction laws,
ii became necessary, If these laws were TO
be enforced and to be made of any value,
that this Government should have some
means of Distinguishing Chinese laDOrers
lawfully in this country from those who
had unlawfully come in by evading re-
strictiOE laws. Registration seem ed to be
the only practicable way to accomplish
this end. The law provides for the
issuance of n certificate withoute cost and in
amanner as conveniently as possible to the
applicant. The law might just az well
have been considered a favor and bene-
fit TO the Chinese laborers lawfully withiE
the country, securing 10 them official ePi-
dence of their right to remain and security
from veXati0us arrests as 10 have been
considered badge Of degradation. Ameri-
cans travelling in foreign country do not
consider it degrading to carry passports,
and people who engage in special kinds of
business are frequently required to have
license.
Il consented to the passage of the law
reluctantly, and because | believed that
all Chinese restriction laws would expire
by their own Limitation on the 9th of Nav,
1898. and if the conference committee did
not come TO an agreement there would
certainly be an interregnum in which
there would be no law TO exclude Chinese
laborers, who would flock to this country
from every quarter. | know that Presi-
dent Harrison signed 1t under the same
impression, as | talked with him before he
approved the bill. l saw that all the pro-
visions OF the House bill which believed
were onerous and would be burdensome
TO the Chinese were stricken out. 1t may
be that deportation is severe punishment
for failure to register, but il might have
been easily avoided. Many of the cIiti-
eisms of the law have shown great igno-
rance of its propositions"
''Do you think the act will be enforced
by the administration :"
II can't answer as 10 that" said Dolpb.
'The Legislative Department has enacted
the law. Its constitutiouality and its JUS
tice have been affirmed by the jud ical
branch and it now remains for it TO be en-
forced by the Executive Department of the
Government, for which it will be he'd re.
sponsible by our people,"
Chief Justice Fuller said to q CALI. re-
porter tonight: "My dissenting opinion
is this in nutshell: Is this deportation
of Chinese citizens a political act of the
Uni tied States or judicial one that pun
ished the ChineseP If the latter, and l
believe it to be, it is clearly uuconstl-
tutional."
Justice Field says tonight: IF invite