The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-05-16
CEARY'S LAW IS VALID.
The Supreme Court Stands Five to
Three in Its Favor.

The Opinion Announced By Justice
Gray-The Wen-known Right of the
Government to Regulate the Entry
and Residence of Foreigners AT
hrmed-A Plea for a Rehearing De-
MED.
Washington, May l5-The supreme
court of the United States to-day af-
firmed the constitutionality of the Geary
Chinese exclusion and registration act.
The opinion was announced by Justice
Gray. Tho announcement that the de
cision in the case was expected attracted
a large attendance of spectators, and the
fact that it was tho last day of the term
accounted for the presenceof an unusually
large array of attorneys within the bar,
including Attorney General Omey, Solic-
itor General Aldrich, Senators Pugh,
Dolph and Cocl5roll. 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 re-
strict or prohibit the immigration of any
aliens into the country or to require such
aliens already in the country to remove
herefrOm was a well settled principle Of
international law and was confirmed by
an unbrokCn line of decisions in this court
The legislative power of the government
had not transccnded any of the constitu-
tional limitations in the act under consid-
Grafton. 1t was within its power to de-
tcrmine the regulations under which these
aliens should be permitted to remain in
the United States. For failing
to observe these regulations
they should be required to
leave the country. The provisions of sec
tion G of the act, which are part of the
law particularly at issue were not incon-
sistent with the relations and duties Of
the legislative and judicial departments
of the government. The mode Of proceed
ure set forth in the section are similar to
that in other well established proceed
ings, such as habeas corpus and naturali-
zution, fixing the requirements of citizen
ship and the like, in which the judicial
branch Of the government accepted the
determination of the executive upon the
questions involved.
AS to the requirements that Chinese
entitled to romain in this country should
establish that right by evidence of one
credible while witness, Justice Gray said
that it was within the power of the legis-
lature TO determine the character of the
evidence that might be received in u case
at law and what force should be given to
testimony so offered.
Not discussing the wisdom nor Justice
of the act in question, which was beyond
thr province of the judicial branch of the
government, it remained only TO say that
the Judgment Of the circuit court for the
Southern district Of New York in refusing
to grant writs of habeas corpus to several
petitioners, was affirmed Justice Gray
stated that IL had been impossible in the
brief time elapsing since the hearing of
the argument upon the petitions TO pre-
pare in writing the opinion of the court
It would be filed as soon as it was possi-
BILE Chief Justice Fuller and Justices
Field and Brewer disscnted.
After the court had concluded the an
nouncement of the opinion, j. Hubley
Ashton of the counsel for the Chinese,
moved for a rehearing of the case and an
argument before the full bench at the
next term. At present the court stands
to 3 in support Of the law, Justice Har-
Ian being absent. The court took a short
recess to consider MIR. Ashton's motion
which was denied. So the decision
stands as announced.