The herald., 1893-05-06
TRIUMPH OF TIE CHINESE SIX COM
PANIES.

iaet day OF grace, and but traction over
one hundred Chinese have complied
with the law. The law ia mandatory
and provides that all Chinese not regis
tered after May 9th shall be arrested and
deported. What will the federal officers
here do sbout it2 Will they take notice
that made up case Is to be taken be-
fore the supreme court as soon az possi-
BILE and the constitutionslity Of the act
tested, or will they perform tho duty en-
joined upon them by tne law, and arrest
all non-registered Chinese7 1t will be
their duty TO make the arrests, and we
believe that an attempt will be made to
carry out this duty. What then? II
derelict Cinnamon are brought before
the district court here, how can the
United States district attorney refuse
to prosecute, or how can the
court withhold judgment? In such
case, II they obey the instruction or
the request OF the law officer at Washing
ton, they ignore the mandates OF the
law? This will lead to embarrassment,
in any event. Which is supreme, the
law department at Washington or the
law itself?
Perhaps the best way will be for The
United States marshal to make the ar
rests at least some Of them for the dis
trict attorney to present the cases to the
court, and then for the court to take such
dilatory action as will hold the cases
alive until the looked for decision OF the
supreme court has been handed down.
Yet all this is manifestly beating the
gistrstion ia the law OF the land. No one,
not even the president, has the right to
suspend it's operation; and the officers
of the law and the courts will refuse to
act at their peril. The next congress
may have some pronounced views on
this subject, and the next session of that
body may call to account everybody who
has had any hand in suspending the
operation OF this statute.
1t is now too late for the Chinese to
save themselves from the punitive pro-
visionD OF this law. Those who have
failed to register have brought them
selves under the ban of its penalties.
Suppose the supreme court declares the
act constitutional, as we firmly believe
it will, what will be the consequence?
The non-registered Chinese muet be de-
ported, and they constitute the great
bulk OF the Chinese in the country. At
least 200, 900 MoDgoliane will have TO be
shipped home. Such deportation Is
without precedent since the expulsion
of the Moors from Spain, or the Danish
ment of the protestants from France By
the edict of Nsntz of Louis XIV. But
in those cases the people obnoxious to
the law we're compelled to get out of the
countries themselves. In this case,
however, they will have to be deported
by the government--s tremendous and
expensive undertaking. 1t is probable
that when congress meets in September
this aspect Of the question will present
difficulties Of 90 grave character that
the law will be 50 amended that an am
Pile extension of time for registration
will be granted to permit the great bulk
OF the Chinese to remain in the country.
II the eupreme court, On the other
hand, fluids the law unconstitutional,
the Chinese will triumph and laugh at
us. But in any event very mere
tricious precedent will be established.
1t will give countensnce to the idea that
all laws may be defied until their valid
ity has been finally passed upon. This
prevailed, and which is the only safe oil
logical one that can be admitted = that
all laws are operative and valid until
declared otherwise by competent tri-
bunsla.
The Chinese Six Companies have
made a ten-strke this time. They have
generally carried their points in the
srate against acts of the legislature, but
never before have they locked horns
with the federal government and sue
cessfully got away with it. They have
bsmboozled our courts, laughed th,
laws of our state to scorn, carried on
eystem of slavery against all our!effort
to suppress it, and now they have gon'
step farther and made the fedora
government bend to their wishes. VIVA
next?
In this connection the San Francisc
Examiner takes very curious an
original view of the way in which tn
registration law has been treated.
seems to justify the course which tn
Six Companies have taken, and says
There was no reason founded on com
mon sense, or anything else exceE
stupid judicial traditions, why thos
Cinnamon, if they doubted the const
tuuonaity of the law, should not nav
been permitted TO obtain a decision {
the supreme court at once.
No one ever doubted the right of tn
Chinese to question the constitutionslit
of the law in the courts. But it dos
not follow that because they have tn