Daily independent. [volume] (Elko, Nev.) 188?-1915, 1893-05-16
A DIVIDED COURT.

IA VIZ U AOAN y
the constitutionality OF the Geary
Chinese Exclusion Act Chief JUS
tice Fuller and Justices Field and
Brewer diesented. The announce
1nent Of the decision in the case, as
was expected, attracted a large at
tendance of spectators and attorneys,
including Attorney General Olney,
Soiicitor-G General Aldrich, Senators
Pugh, Dolph and Cockrell.
Justice Gray, in announcing the
judgment of the court, said the power
Of this nation to restrict or prevent i'm
migration OF aliens into this country
or to require such aliens already in
the country to remove therefrom was
q we'll settled opinion Of international
law, Rndconfirmed by an unbroken
line of decisions In this court. The
legislative power Of the government
has not t~ranscended any Of its consti-
tutional limitations in tie act under
consideration. It was within it's
power to determine the regulation
under which these aliens should be
permitted to remain in the United
States, or failing TO obey these regh-
l~atlons, be required TO leave the coun-
try. The provisions of section six of
the act, which are a part of the law
particularly at issue, are not incon-
sistent with the relations and duties
Of the legislative and judicial depart
ments Of the government. The mode
OF procedure under this section is
similar to other we'll established pro-
ceedings, such as habeas corpus,
naturalization, fixing requirements Of
citizenship, and the like, in which the
judicial branch OF the government
accepted the determination OF the
executive upon the questions in
volved.
AS to the requirements Of the Chi
nese entitled to remain in this coun-
try should establish the right by the
evidence Of n creditable white wit
ness, Justice Gray said 1T was within
the power of the Legislature to deter
mine the character Of the evidence
that might be received in the case at
law, and what force should be given
to. the tesLimonyBo offered, and not
discussing the wisdom 0 the justice
Of the act.
In the question which was beyond
the province Of the judicial branch Of
the government, Il remains only to
say that the judgment Of the Circuit
Court Of the Southern District of
Now York in refusing to grant writs
OF habeas corpus to the petitioners is
affirmed. The Judge said that the
opinion in writing would be filed as
soon as possible.
At the conclusion Of Justice Gray's
opinion, Justice Brewer announced
that he was compelled to dissent from
h view OF the majority OF the court.
He read his views al some length, de-
olRring in substance that the act Of
1892 was unconstitutional; that il up
held there would be no guarantee
that similar treatment might not be
accorded to other olasses Of our pop
nlation.
Justice Field, who delivered the
opinion Of the Supreme Court in the
first cpse under She exclasionsacs,
also read n dissenting opinion. He
hold that there was aHwide difference
betwoen the exclusion of immigrants
and the deportation OF alien residents,
and characterized the act in the
strongest language as inhuman
brutal and violative Of tho constitu
ton in every section. Ho regrettel
to say that vhe decision OF tho court
in his mind, was rrausht with thu