The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-05-28
EXCLUSION OF CHINESE.
The Geary Act Declared Constitu-
tiOnRI by the supreme Court.

Washington. May 27.-The supreme court
of the United States to-day decided the
Geary Chinese exclusion act to be con-
stitutional. and incidentally affirmed the
general right Of the United States to ex-
clude aliens Of all kinds. The question
came before the court in the case OF Lem
Moon Sing. appellant. vs.. the United
States. The appellant transacted business
in San Francisco for number Of years
and in January. 1894. went on a temporary
visit to China with the intention Of return
ing and continuing his residence in the
United States. During his absence the
Geary law OF 1894 was passed.
Justice Harlan delivered the opinion OF
the court, the important parts being as
follows: The contention is that while,
generally speaking, immigration officers
have jurisdiction under the statute to ex-
clude an alien who is not entitled under
some statute or treaty to come into the
United States: yet II the alien is entitled
of right, by some law or treaty, TO enter
this country. but is nevertheless excluded
by such officers. Che latter exceed their
jurisdiction, and their legal action, If II
results in restraining the alien OF his lib
erty, presents a judicial question for the
decision of which the courts
may intervene upon writ of
habeas corpus. That view. II sustained
would bring into the courts every case Of
an alien who claimed the right TO come
into the United States under some law or
treaty, but was prevented from doing so
by the executive branch OF the govern
ment. This would defeat the manifest
purpose Of congress In committing TO SUI
bordinate immigration officers and to the
Secretary Of the Treasury exclusive au-
thority to determine whether a particular
alien seeking admission to this country
belongs to the class entitled by law or
treaty to come into the country or to a
class forbidden to enter the United States
Under that Interpretation OF the act of
1894 the provision that the decision Of the
appropriate immigration or custom offi-
GERS should be final. unless reversed on
appeal by the Secretary OF the Treasury.
would be OF no practical value.
The power of congress to exclude aliens
altogether from the United States, or to
prescribe the terms and conditions upon
which they may come to this country and
to have its declared policy in that regard
enforced exclusively through executive Of
ficers, without judicial Intervention, is set
tied by our previous adjudications
The remedy of the appellant was by
appeal to the Secretary of the Treasury
from the decision Of his subordinate, and
not to the courts.
There is no room In the language of the
act of 1894 to doubt that congress Intended
that it should be interpreted as we have
done In the case To avoid misapprehen-
sion, 1t is proper to say that the court does
not now express any opinion upon the
question whether. under the facts stated in
the application for the writ OF habeas cor
pus, Lem Moon Sing was entitled. or right
under some law or treaty, to re-enter the
United States. We mean only TO decide
that that question has been constitutional
ly committed by congress for final deter
mination to named officers Of the executive
department of the government.
The judgment of the court below deny
ing the application for the writ of habeas
corpus is affirmed"
Justice Brewer dissented from this opin-
ION