The times. [volume] (Richmond, Va.) 1890-1903, 1893-05-16
THE CHINESE.
THE GERRY EXCLUSION ACT DE-
GLAZED CONsTITUTIONAL
And Consistent With the Relations anu
Duties OF the Legislative and J""iciai
Branches of Our Government

WASHINGTON, Nay l5.-The supreme
Court Of the United states today az
hrmed the constitutionality OF the Geary
Chinese exclusion and registration act
The opinion was announced by Justice
Gray. The announcement that decision
in the case was expected attracted
large attendance Of spectators, and the
fact that IL was the last day Of the term
accounted for the presence Of an un-
usually large array Of attorneys within
the bar. including Attorney-General Olney'
SolicitOr-General Aldrich, Senators Fush
Dolph and Cockrel. EX-Justice Strong
and several members OF the diplomatic
corps were interested spectators
Justice Gray said in announcing the
Judgment OF the court that the power Of
this nation to restrict or prohibit the inn
migration Of any aliens into the country,
or to require such aliens already In the
country To remove herefrom. WAS well
settled principle OF international law, and
was confirmed by an unbroken line Of
decisions i'm this court. The legislative
power Of the Government had not trans
cended any of its constitutional limitd-
tions I'm the act under consideration. il
was within its power TO determine the
regulations under which these aliens
should be permitted TO remain In the
United States. For failing 10 observe
these regulations they should be required
10 leave the country.
The provisions of section Of the act,
which are the part Of the law particular
~ at issue. were not inconsistent with
the relations and duties of legislative and
judicial departments OF the Government
The mode Of procedure set forth In the
section are similar 10 that in other well
established proceedings, such as the
habeas corpus and naturalization, fixing
the requirements Of citizenship and the
like. I'm which the judicial branch Of the
Government accepted the determination
Of the Executive upon the questions in
vOlved. As 10 the requirements that the
Chinese entitled 10 remain in this coun-
try should establNh that right by the evil
dence Of one credible witness. Justice
Gray said that It was within the power
Of the Legislature 10 determine the char
acter Of evidence that might be received
I'm case az law, and what force should
be given 10 the testimony so offered Not
discussing the wisdom nor the justice Of
the act i'm question. which was beyond
the province of the judicial branch Of the
Government IL remained only 10 say that
the judgment Of the circuit court for the
Southern district Of New York I'm refusing
to grant writs Of habeas corpus TO several
petitioners was affirmed.
Dir. Justice Gray stated that II had been
impossible i'm the brief time elapsing since
the hearing OF the argument upon the
petitions 10 prepare I'm writing the opinion
Of the court. IL would be filed as soon as
IL was possible. chief Justice Fuller and
Justices Field and Brewer dissented. AZ
ter the court had concluded the announce
ment Of opinions Alr. J. Hubley Ashton
Of counsel for The Chinese. moved for a
rehearing Of the case and an argument
before a full bench at the next term. At
present the court stands five 90 three in
support of the law. Justice Harlan being
absent The court took "a short recess TO
consider Mr.. Ashtons motion. which was
denied. So the decisions stands as an
nOunced.