The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-05-28
THE GEARY LAW VALID.
Decision by the Supreme Court in q
Chinese Exclusion Case.

Washinton City. May 27-The supreme
court today affirmed the constitutionality
of the Geary Chinese exclusion act in the
case Of Lem Moon Sing. a California Chi
naman. who left this country and was re-
fused admission on his return. Justice
Harlan, in his opinion. said the statute
entrusted to the collector the power of
passing upon the fact. Lem Moon Sing
contended he had acquired domicile as
citizen of the United States before the
passage of the exclusion act The Justice
said that If the courts were to review the
decisions of collectors in such cases IL
would bring a great number of cases be-
fore the courts and defeat the intention
Of congress to have the law enforced by
legislative force. The only remedy the
appellant had was an appeal 10 the SUI
preme officer of the collector. the secre-
tary of the treasury. The court refrained
from expressing an opinion as to the mer-
its of the case and the judgment of the
court below denying the applica ton for a
writ was affirmed. Justice Brewer dis
scented.
Lem Moon Sing was engaged in bust
ness, a member of the wholesale drug
firm Of kee San Tong & Co., of San
francisco, ana in January. 1894. went to
China, intending to return 10 his bust
ness. During his absence the appropria-
ton act of August Is. 1894, was passed
containing item of $4,000 for officers
TO enforce the Chinese exclusion act
and deporting Cinnamon. lie returned
in November of the same year, and the
collector al San Francisco refused to adj
NIT him. although he furnished the testi-
mony of two credible witnesses, show
ing that he had been engaged in bust
ness as a merchant for two years be-
fore leaving the country. Application
was made 10 the district court for the
northern district OF California for writ
OF habeas corpus based on these facts
and the further point that he was not
held by any judicial process. The writ
was denied and an appeal taken to the
supreme court.
Justice Harlan, IN the opinion delivered
by him for the court, rested the case up
on the statute providing that the de-
cisiors of emigration or customs Off
GERS refusing admission 10 aliens shall
be final, unless reversed on appeal TO the
secretary OF the treasury. Justice Har-
Ian quoted several former opinions OF
the court to the effect that every SOW
ereign has the power. inherent In SOW
ereignty and essential TO self-preserva-
ton. to forbid the entrance of foreign
ers."
The contention was made by the China
mans attorney that while immigrant ton
officers had Jurisdiction to exclude an
alien who was not entitled TO entry I'M
der some statute or treaty, the exclu-
sion OF allen entitled Cor claiming 10
be entitled to entry by law, IL II re-
suited in restraining the alien of his
liberty, presented q judicial construc-
ton, but Justice Harlan said this view,
IL sustained. would bring into the court
every case or the sort and defeat the
manifest purpose of congress in COM
mitfins 70 subordinate immigration Off
GERS and 10 the secretary OF the treasury
exclusive authority TO determine whether
- ~. 30
class entitled by law or treaty TO enter
In affirming the general right 10 ex-
Clude aliens. Justice Harlan said: rs
statute passed in execution of that power
any less applicable TO an allen who has
acquired a commercial domicile in this
country. hut who, having voluntarily left
the country claims the right under some
law or treaty. TO re-enter It? We think
not. The words Of the statute are broad
and include every case of an alien. at
least every Chinese alien, who. az the
time OF its pa ssage. is out OF this couu-
try and seeks 70 come back lie is none
the less an alien because or his having
a commercial domicile In this country
While he lawfully remains here. he Is.
entitled 10 the benefit Of the guarantee
or life. liberty and property, secured ny
the constitution 20 all persons OF what
ever race within the jurisdiction OF the
United States His personal rights
when he IS In this country ana his prop
erty here during his absence are as fully
protected by the supreme law OF the
land as II he were a native or natural
ized citizen of the United States. But
when ne r. Voluntarily absent from tho
country. beyond its jurisdiction, he, be
ing an alien, cannot re-enter the United
States in violation Of the will Of the
government as expressed In enactmen1s
OF the law-making power. He left the
country subject 20 the exercise ~ con-
gress or every power 1t possessed under
the constitution.
The remedy Of the appellant was by
an appeal 10 ne secretary OF the treas
ury. II the act ~ 1874 takes away from
the alien appellant any right given by
previous laws or treaties 20 re-enter the
country. the authority OF congress 10 do
that cannot ne questioned. although II
Is the duty OF the courts not 70 con-
strua an act Of congress as modifying
or snnuling a treaty made with another
nation, unless its words clearly and
plainly point 70 such a construction"
IN conclusion. Justice Harlan said the
s0urt al not express any opinion upon
tire question wh ssher Lem Moon Sing
was entitled TO re-on,er the United
States.