St. Paul daily globe., 1895-05-28
SUPREME COURT MAKES AN I'M
PORTANT RULING REGARD
ING EXCLUSION.
LEM SINGS BUSINESS TRIP
UPON RETURN HE WAS REFUSED
ADMITTANCE UNDER EX-
CLUSION ACT.
COURT UPHOLDS OFFICIALS.
Chinaman Should Have Appealed
to the Secretary OF the Treas
ury for Redress.

w WASHlNGION, May N.-Ine Su-
preme court of the United States made
most important ruling upon the ad-
miniStration of the Chinese exclusion
laws today by affirming the refusal
of the United States district court for
the Northern district of California to
grant an application for writ of
habeas corpus made by Lem Moon
Sing, VINO was barred from entry by
the collector Of the port of San Fran
cisco. Lem Moon Sing was engaged
in business, a member of the whole
sale drug firm of Kee San Tong &
Co., of San Francisco, and in January,
1894, went to China, intending to re-
turn to his business. During his ab-
sence the appropriation act of Aug.
Is, 1894, was passed, containing an
item of $780, 900 for officers to enforce
the Chinese exclusion act, and ex-
penses Of deporting Cinnamon. He
returned in November of the same
year, and the collector at San Fran
cisco refused to admit him, although
he furnished the testimony of two
credible witnesses showing that he had
been engaged in business as mer-
chant for two years before leaving the
country. Application was made toAthe
district court for the Northern dis
trict of California for a writ of habeas
corpus based on these facts and the
further point that he was not held by
any judicial process. The writ was
cd I'd %olr -
supreme court. Justice Harlan, in the
opinion delivered by him for the court,
rested the case upon the statute pro-
viding that the decisions Of immigra-
ton or customs officers refusing ad-
mission to aliens shall be final unless
reversed on appeal to the secretary
of the treasury. Justice Harlan quot
ed several former opinions of the court
to the effect that 'every sovereign has
the power, inherent in sovereignty and
essential to self preservation, to for
bid the entrance of foreigners" The
contention was made by the China
mans attorney that, while immigration
officers had jurisdiction generally to
exclude an alien who was not entitled
to entry under some statute or treaty,
the exclusion Of an alien entitled (or
claiming to be entitled to enter by
law, if it resulted in restraining/th
alien of his liberty, presented ju-
dicial question, but Justice Harlan
said that view, if sustained, would
bring into court every case of the sort,
and defeat the manifest purpose of
congress in committing to subordinate
officers and to the secre-
tary of the treasury
EXCLUSIVE AUTHORITY
to determine whether aliens seeking
admission belong to the class en-
titled by law or treaty to enter In
affirming the general right to exclude
aliens, Justice Harlan said: SIS
Statute passed in execution of that
power any less applicable to an alien
who has acquired commercial domi-
cile in this country, but who, having
voluntarily left the country, claims the
right under some law or treaty to re-
enter it? We think not. The words
OI lll6 dI anu
every case of an alien, at least every
Chinese alien, who at the time of it's
passage is out of this country and
seeks to come back. He is none the
less an alien because of his having
a commercial domicile in this country.
While he lawfully remains here he is
entitled to the benefit of the guaran-
tees Of life, liberty and property, Sc
cured by the constitution to all per-
sons of whatever race within the juris-
diction of tn United States. His
personal rights when he is in this
country and his property here dur
ing his absence are as fully protected
by the supreme law of the land as if
he were a native or naturaliZed citi-
zen of the United States, but when
he is voluntarily absent from the
country, beyond its jurisdiction, ne,
being an alien, cannot re-enter the
United States in violation of the will
of the government, as expressed in
enactments of the law-making power.
He left the country subject to the
exercise by congress or every power
it possessed under constitution. The
remedy of the appellant was by an ap-
peal to the secretary of the treasury.
If the act of 1894 takes away from
the alien appellant any right given by
previous laws or treaties to re-enter
the country, the authority Of con-
gress to do that cannot be questioned,
although it is the duty of the courts
not to construe an act of congress as
modifying or annulli':g a treaty made
with another nation unless its words
clearly and plainly point to such a
construction" In conclusion, Justice
Harlan said the court did not eX-
press any opinion upon the question
where Lem Moon Sing was entitled
to re-enter the United States.