Elmore bulletin. [volume] (Rocky Bar, Idaho) 1889-1906, 1893-05-20
JOHN MUST co!


are jubilant over the decision of the
Supreme Court Of the United States
ON the Gearry law. Its constitu-
tionality il atiirmed--which means
that all Chinese who did not regis
ter prior to May 9Th must leave the
country. There should be no quib-
bling on the part of the administra-
ton nor Of Congress in this matter.
Bv refusing to comply with the Law
the Chinese have placed themselves
in a predicament they little ex-
pected, and now let them take the
consequences for their insoleuce.
If Mr.. Cleveland does not do his
sworn duty in this matter he will
not have a single sincere follower on
the Pacific coast at the next cleo
ton:
WASHINGTON, May 15th.-The
United States supreme court to-day,
through Justice Gray, decided the
+ Chinese exclusion law constitu-
tional. Chief Justice Fuller and
Justices Field and Brewer dissented
Justice Gray, in ammo ncing the
judgement Of the court, said the
power Of this nation to restrict or
prohibit the immigration of aliens.
or compel those already in the coun-
try to remove therefrom was a well
settled principle of interna tional
law confirmed by an unbroken line
Of decisions in this court.
The legislative branch Of the gov
eminent had not transcribed any
of its constitutional limitations in
the act under consideration. 1t
was within its power to determine
regulations under which these aliens
should be permitted TO remain in
the United States, or, failing to OBJ
serve these regulations, be required
10 leave the country.
The provisions of section 6 of the
act which is the part of the law
particularly at issue are not incon-
sistent with the relations and duties
of the legislative and judicial de-
partments of the government.
Justice Gray said the question
presented was the constitutionalitv
and effect Of the sixth section Of the
act entitled an act TO prohibit the
coming of Chinese persons into the
United States. The justice sketched
the provisions of the law rapidly.
and then proceeded to say il was
perfectly well settled as one Of the
fundamental principles of the law
of nations that every independent
nation has an inherent right to keep
aliens out of its territory and to
order them to get out of its territory;
that power the public welfare de-
mands; that power exists in time
of war and equally so in time of
peace, and always has been recog-
nized as belonging to independent
nations.
The United States, as all Of the
great powers, has power to make
war, to make peace, TO pass acts OF
naturalization, to pass all necessary
and proper laws to carry out the
powers reposed in congress. On
the political department of the gov
eminent devolved the care Of inter
national relations.
4 /, -. Ln.,, 4 AM, a,a,g
that the power of exclusion may be
vested in executive officers, and the
aid Of the judiciary might be invok
ed. 1t was no new thing in public
law for matters to be executive and
political in the first instance and
then take judicial force as the politi-
cal department might direct The
courts have no authority to revise
decisions or their action and effect
in these cases, except 50 far at
provision has been made by law
The treaties with China provided
originally for very free intercourse;
that was in 1869. Then it was
found it was necessary to have more
power for convenient regulation of
this matter and subsequent treaties
more distinctly recognized, as con-
templated by the contracting
parties, the power to regulate en-
/ trance of Chinese into this country.
If congress makes law incon-
sistent with the treaty, it may give
the foreign nation right to com
plain and to take such action as it
may deem best for its own in
terest, but the duty of the courts
of the United States is clear aud
they must recognize its force
Justice Gray here dwelt nj length
upon the objection that had been
made to the arbitrary power CON
ferred upon executive officers in
making deportations. He said rs
far as investigation is made it will
be a judicial investigation. The law
p divided Chinese shall be dcport.
ed unless he shall clearly establish
certain facts To the satisfaction
of the Judge The legislature had
right To prescribe what evidence
shall be demanded before its judicial
tribunals. 1t was within its power
to provide that those aliens who
-. . Il