The morning call., 1893-05-17
HE Is THE STATE.
How the Supreme Court Came to
Hold a Session.

Cabinet meeting, the execution of the
Chinese registration law will be further
suspended, under the plea that no money
for the purpose of depor.ing the Chinese
is available. Not over two weeks ago
Supervising Special Agent Tingle of the
Treasury Department, who has charge of
corps of Chinese inspectors TO watch The
borders and of the Transporting Of Chinese
who have entered unlawfully, delegated
one Of his clerks to 90 through the books
and ascertain just how much money would
be available on July l next for the pur-
pose of depOrting Chinese. 1t was found
that on that date there would be balance
of S16,S05 of this years appropriation in
addition to the $4,000 appropriated for
;he next fiscal year beginning July l.
1t was explained to TIE CALL CORE
spondent that $4,000 of this amount
would be needed to pay the regular
salaries Of Chinese inspectors. leaving
about $500 to defray the expenses Of
deportation. Mr.. Tngle estimated that
he could ship about 1850 Chinese TO Hong
Kong from San Francisco for this amount,
and considerably greater number if the
ships were especially chartered for the
Purpose. Notwithstanding this it was de-
clded at the Cabinet meeting to-day that
no deportation would be made because no
funds were available. Carlisle had a
memorandum with him showing the bal
ance of money on hand and how much
would be available on July /, but he made
It appear that none of this money could be
used to export Chinese. as it was needed
for other and regular expenses" mean
ing presumably the pay Of Chinese in
speetors.
1t has been limited in these dispatches
from time to time that this was Chinese
loving adm inistration, and this fact is
now becoming patent to every one. The
CALL correspondent has the very best of
authority for stating tha. it was the home
Government of China that succeeded in
getting the United States Supreme Court
to sit in special session for the purpose Of
hearing Chinese test cases. Ii came about
in this way: The Chinese Government
was advised by the SIX Companies and
the Chinese attorneys that the registration
act would almost certainly be defeated
and declared unconstitutional. Indeed,
the Chinese Minister at Washington was
Of the same opinion after talking with
Cleveland, Carlisle and others of the ad-
mniStraton, and he so wrote TO his Gov
t.
anxious to have a decision as soon as pos
sioie, believing that the registration law
would be knocked into cooked hat.
The Chinese Minister here worked on
CleYeland's sympathy He told him that
no matter what course the United States
pursued the Chinese Government would
not adopt retaliatory policy. Then
Cleveland took steps to have the Supreme
Court sit in extra session. 1t was through
hrs Influence and that Of Carlisle snd of
Attorney General Qlney ihat@the case was
heard on May TO- 1t has been remarked
that this decision was secured in remark
ably short Order-only ten days after the
law went into effect. Most people believed
that there must have been some great iu-
fuence at work 10 accomplish this. for the
United States Supreme Court is a no.
toriously slow moving body, but few would
have believed that the President of the
United States had taken so great an in
terest In the matter The truth is Just as
stated in these dispatches many
times - Cleveland is very anxious
TO be considered truly great even at the
expense Of his party. He bIundered in the
Hawaiian matter, and was criticized by
members Of his party from the Pacific
Coast who were anxious to try TO wheel
California into the Democratic column, and
they have pointed out that The policy now
being pursued concerning the Chinese
would be disastrous to the Democratic
party's prospects on the Pacific Coast, but
such counsel had no effect whatever on
Cleveland, In fact, he rather enjoys the
idea of being stubborn and independent.
He believes these are two requisites of
greatness. In order TO appear a strong
man" he decided to do something that
might challenge the admiration of the
people for boldness when he conferred such
extraordinary powers upon Blount and
ordered him 10 Laul down the American
flag at Honolulu.
The CALL correspondent has good rea-
son TO believe that Cleveland told Justice
Field he wanted to get decision in the
Chinese cases as soon as possible, and that
he also expressed the same desire to Chief
Justice Fuller, who is one of Cleyeland's
appointees. Cleveland and Fuller are
known to be very warm friends, and al
though the ermine should divest Su-
preme Court Justice of any feeling but
calm impartiality in dischargiug his high
official duties Fuller is human, and feels
10 Cleveland for lifting him out of obscur-
ity and making him Chief Justice of the
Supreme Court, which, by a great many
people, is esteemed a more honorable and
a more exalted position than the Presi-
dency itself. Fuller was willing to do
Cleveland's bidding and to authorize a spe-
cial session of the Supreme Court, but il
would not be charitable to say that the
fdoy, ,,io A. ~.
in the least Influenced Mr.. Fuller's own
opinion.
Yesterday. when THE CALL correspond
ent called to see Justice Field, that jurist
asked:
us it not generally believed on the Pa
citc Coast and elsewhere that President
Cleveland and his administration were
anxious that the registration act should be
declared unconstitutional"
The correspondent answered in the
affirmative. when Mr.. Field asked, DO
you know it to be fact?"
NO" said THE CALL reporter, "be-
cause there Is nc way to lind it out def
nitely."
Yes; but it might easily be aseertained
through some one who has been able to
talk with Mr.. Cleveland on the subject.
l believe 1t is true" went on Justice
Field, with twinkle In his eye, as il he
wished TO convey the impression that ne
knew definitely that the.administratio
was anxious to have the law declared un-
constitutional.
President Cleveland would certainly not
seek to influence the views of a Supreme
Court Justice, but the tone of his CONVEX
sation with a Justice might have easily
carried this impression. II must be re-
membered, too. that Cleveland and Justice
Field are on better terms than they were
eight years ago. To sum up the whole
situation. the autocrat Cleveland is "the
State" He assumes not only executive
functions, but legislative and judicial as
well.
The Navy Department has decided to
send The cruiser Baltimore to China as
flagship of the Asiatic station. While
this determination has no bearing on the
agitation Of the Chinese-exclusion act. the
discussion OF this subject probably oper
ated to precipitaie the decision of the de-