The times. [volume] (Richmond, Va.) 1890-1903, 1895-05-28
C4N EXCLUDE AIMS.
General Right of the United States to DO
This Affirmed bv the Supreme Court.

WASHINGTON. May N.-The Supreme
Court Of the United states to-day ue-
cidod the Geary Chinese Exclusion Act
10 be constitutional, and incidentally az
nrmed the general right Of the United
States to exclude aliens or All KINDS. ne
question came before the court in the
case Of Lem Moon Sing. appellant, vs..
n The appellant Transacted business in
San Francisco for "A number OF years. ana
I'm January. 1894 went on a temporary
visit to China, with the intention or re-
turning and continuing his residence lh
the United states. During ms absence
the Gearv law of 1894 was passed
Justice Harlan delivered the opinion or
the court, the important parts being as
follows.
ssThe contention Is that while generally
speaking immigration officers have lufis-
dictiOn under the statute 10 exclude an
alien who Is entitled under treaty 10 come
into the United States yet, If the amen
Is entitled by law or treaty 10 enter tila
country. but is nevertheless cAciuued roy
such officers. the latter exceed their Ju-
risdiction and their legal action, n IT. re-
suits in restraining the allen or MS hprr-
fv presents "A judicial question. TOT the
decision of which TIE courts may inter-
vene upon a witt OF naDeas .oIpII55' ,r,,..
THAT view, II sustained. would bring
into the courts every case OF an alien
who claimed the right 20 come INTO the
United States under some law or treaty,
but was prevented from doins so by tne
executive branch of the government. THIS
would defeat the manifest purpose OF
Congress IN committing 20 subordinate
immigration officers and 10 the secretary
of tn, Treasury exclusive right 10 decide
whether an alien seeking admission 10
this country belongs 10 that class en-
titled by law or treaty 20 come into the
country. or 10 acts forbidden By the
United states. Under that Interpretation
Of the act of 1884, unless the decision or
immigration or custom officers should De
final unless reversed on appeal by the
Secretary of the Treasury, IL would be Of
no practical value. The power of Congress
10 exclude aliens altogether from the
United States. or 70 prescribe the terms
and conditions upon which they may
come 10 this country. and TO have its
declared policy I'm That regard enforced
exclusively through executive officers
without judicial Intervention. was settled
by our previous adjudications. The RENE
dy Of the appellant was by appeal "a the
Secretary Of the Treasury from the de-
cisiOn OF his subordinate. and not 10 the
courts. There Is no room in the language
of the act of 1894 10 doubt that Congress
intended that IL should be interpreted as
we have done in this case. To avoid mis-
apprehension, il Is proper 10 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 corpus Lem Moon Sing
was entitled Of right under some law or
treaty to ever enter the United States. We
mean only 10 decide that that question
has been cOnstitutiOnally umitted BIZ
Congress for final determination to nam
ed officers OF the executive department Of
the gOvernn ent. The judgment OF the
court below denying the application for
the writ Of habeas corpus. Is affirmed
Justice Brewer dissented from this op:a-
ion.