The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-03-26
JUDGES II CONFLICT.

While the community - think
ing a little and talking "A great
deal more about our relations
with Japan. IL will interest ID To-
know that the Supreme Court Of
the United states. the greatest
judicial tribunal Oh earth" j.
badly mixed up in It's views about
treaty obligations and interna-
tiOnaI law. The members of this
court in the case of FOng Yuc
Ting, 149 y. - vigorously
sass each other in discussing
the right Of the Chinese.
The anti-Chinese Act of 1891
required. among other things, that
a Chinese resident in the States,
should within one year, obtain a
certificate of registration, and if
ne did not he was Liable 10 dcpOr-
tatiOn OF imprisonment. The
Supreme Court had already held
that treaty could be smashed up
by the Legislative body without
any regard 10 moral obligations,
and aliens could be excluded.
But in this. the FOng Yue Ting
case the question was, what are
the rights of Chinaman who has
long resided in the country. The
majority of the Cont held that
he could be expelled by the Fed
eraI Government. even if he had
acquired property and his child
rem were born iii the States.
The minority of the Court. con
sisting of Chief Justice Fuller.
Justice Field and Justice Brewer,
dissented. Justice Brewer said
the opinion of the majority
Judges was cruel. that il depriv
ed the Chinese of due process of
law" after they had lawfully en-
tered the country. He said: lin
view of this enactment of the
highest Legislative body of the
foremost Christian nation. may
not the thoughtful Chinese dis
cipIe of COnfucius fairly ask. why
do they send missionaries here"
Chief Justice Fuller said: lit
inficts punishment without judi
cial trial. it is Legislative sen
fence of Punishment, the germ of |
unlimited and arbitrary power, in
compatible with the immutable
principles of Justice" Justice
Field said the act was arbitrary. !
unconstitutional and unusual"
These words made by one part
of the Court on the decision of the
other part are very nasty" 1t |
turned the bench into free fight |
of DOnnybroOk Fair. The lay |
men cannot he blamed for becom
ing confused. when the members |
of the greatest tribunal on
earth" plug each other iii the
most vigorous styles, instead of
coming to an agreement.-sO much
needed in critical times One
,a,.f 80 H.. Count ,..ucaC FL. 9th
er part of making Il decision
which SubvertS all human rights.
We remark. parentheU.cally.
that our own Supreme Court
has fortunately so far neve: turn
ed the bench into similar bear
garden. Perhaps the climate has
TO do with it.
The moral of this business is
that the United States, owing TO
the serious and perhaps danger
Gus question of Asiatic competit-
ion has cut loose from its old moor
ngs, and is now drifting about in
search of a new anchorage. The
supreme Court as a geOdetic sur
TeyOr. is trying To find out some
good holding ground. 1t cannot
Use any longer those obsolete
harris of the shOrt-sighted dad
lies. on which We find the ancient
ground marked Fun
.lienable rights of man 10 90
where he likes" no restriction
n emigration" ''One man is as Z
God as another" The uncertain v
V Of the real nature of the new
Gliding ground drives the judi t