The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1897-03-17
SUPREME COURT UPHOLDS THE
GOVERNMENTS ALIEN ACT.
The Collectors Decision is Final-The
Students Must BE Shipped to japan
japanese Consul interviewed
Law and Facts.

must go Dack
This is the result of unanimous de-
cision of the Supreme Court this
morning written by Chief Justice A. f.
Judd. In nutshell that high trib-
unal held that the decision of the Col
lector General of Customs in refusing
to permit some sos Japanese immi-
and conclusive and could not be in
terfered with by the Judiciary. This
serious question is now relegated to
the realm of diplomacy.
There was even much larger at
tendance in the court room this morn
ing when the important decision was
rendered than on either of the pre-
vious days that the japanese cases
were before the court. Nearly every
attorney in the city was to be found
in the bar of the court. The Japanese
occupied the same corner that has
been his since the opening of the cases.
The long benches in the rear of the
court room were filled with Japan
ese, while many white men stood up
and looked on from the clerk of the
courts room, the halls and doorways.
The justices reached the bench a
few minutes after 10 O'Clock. The
Chief Justice at once began a decision
on the test case of Tatsu, student"
or free laborer who was denied ad-
mission to the country.
There was very little original mat
ter in the decision, but that little was
strictly to the point and full of meat.
Chief Justice Judd was a little less
than half an hour in announcing the
opinion of the court. Most of this
time was taken up in recitations of
authorities, the reading of opinions of
other courts including the rulings of
the Supreme Court of the United
States on this same question.
The cardinal point decided upon by
the court was that the decision of the
Collector General of Customs on the
landing of the japanese immigrants,
or any other immigrants to this coun-
try was final and conclusive. The
Chief Justice amplified his remarks on
this point by citing decisions rendered
by the United States Supreme Court.
The Court also held that the matter
of landing immigrants in Hawaii was
vested solely within the discretion of
the Executive and that the judiciary
had no authority whatever to interfere
in the matter. The Collector General
of Customs was part of the Executive
and his action in the cases at bar was
perfectly legal and proper.
In taking this stand the Court stood
squarely upon Act &C of the Provi-
sional Government laws. This act was
taken almost word for word from the
United States law.
In touching upon the treaty at pres
ent existing between Japan and Ha-
waii, the Court remarked that the
counsel for the japanese petitioners
claimed that the treaty had been vio-
lated because the japanese We're de-
MED the privilege to consult counsel
or even their friends and relatives
while in quarantine. To this the
suit counsel while conferred by the
treaty did not apply to aliens who had
not acquired legal residence in Ha-
waii or who had not been permitted to
enter the country. The laws of Ha-
waii would not even afford them rights
and privileges.
In the summary, the Court briefly
reviewed the cases at bar and then an
nounced its opinion that the Collector
General of Customs decision was final
and that the Supreme Court had no
cision, the Chief Justice stated, was
on the test case of the free laborers
but it applied also in the test case OF
the contract laborers.
Acting Attorney General Coopc,
then made a motion that the petition
for a writ of habeas corpus be dis.
missed and that the petitioners be re,
manded to the custody of the Collect.
or General of Customs. This motion
was granted Immediately by the Court
and Marshal Brown directed the
guards of Tatsu and Ukichi to escort
them back to the quarantine island.
The act in the laws of the Provision
al Government relating to the landing
of aliens in the Hawaiian Islands and
upon which the Supreme Court stood
firmly in taking the position it did
makes it unlawful for aliens of Ger
tain classes to land in the islands
Among those classes are persons with