The Glenwood post. (Glenwood Springs, Colo.) 1897-current, 1904-05-21
BARSANARCHISTS
MUST LEAVE UNITED STATES.
Supreme Court sustains immigration
Authorities in Ordering Deporta-
ton Of an English Anarchist.

authorities IN Ordering Deporta-
| tion of an English Anarchist.
Washington. May lin an opinion
to-day by Chief Justice Fuller, the
United States Supreme Court sustained
the action of the immigration authori-
ties at the port of New York in order
ing the deportation OF the Englishman,
Turner, alleged to be an anarchist.
The opinion upheld the law for the
exclusion of anarchists. and affirmed
the decision of the Circuit Court for the
southern district of New York, which
| refused a writ of habeas Corpus for
| Turner.
Chief Justice Fuller in his opinion
| first reviewed the facts in the case, in
| Guiding the case OF Turner that he is a
| lecturer on sociological questions, and
That his counsel contended that he was
in anarchist in theory merely. He
then referred to the fact that Turner's
counsel attacked the immigration | aw
as unconstitutional on the ground that
it is "contravenion of the first. fifth
and sixth amendments and also of sec
ton one of the constitution, and be-
cause no power is delegated by the con-
stitution to the general government
over alien foreigners with reference to
their admission into the United States
or otherwise, or over the beliefs of cit
iZens, denizens. sojourners or aliens, or
over the freedom of speech or of the
press"
All these contentious were negatived
by the decision of the chief justice,
who said. among other things:
whether rested on the accepted
principle of international law that ev-
cry sovereign nation has the power, as
inherent in sovereignty and essential
to self-preservation, to forbid the en-
trance of foreigners within its domin-
ions. or to admit them only in such
cases and on such conditions as it may
see fit to prescribe or on the power to
regulate commerce with foreign ma
lions, which includes the entrance OF
ships, the importation of goods and
! the bringing of persons into the ports
of the United States, the act before
us is not open to constitutional objec-
ton. Nor is the manner in which Con-
gress has exercised the right, although
when such case arises the objection
piay be taken"
| The chief justice also expressed the
surprise of the court that exception
should be taken to the law on the
ground that it is obnoxious to the con-
stitutional provision prohibiting the
| Infringement of freedom of speech. the
exercise of religious privileges, etc.
| ut has" he said, no reference to an
establishment of religion, nor does it
prohibit the free exercise thereof nor
abridge the freedom of speech or of the
| ha rio nf ha n
! assemble and petition the government
for redress or grievances. 1t is, of
course, true that if an alien is not per-
mitted to enter this country, or hay
ing entered contrary to law is ex-
I PEELED, he is in fact cut off from wor-
Shipping or speaking or publishing or
! petitioning in the country, but that Is
merely because of his exclusion there
from. He is not one of the people to
\ whom these things are secured, and
! does not become such by an attempt
I forbidden by law. To appeal to the con-
| stltution is to concede that this is a
land governed by that supreme law,
and as under it the power to exclude
has been determined to exist those
who are excluded cannot exert the
rights in general obtaining in land
which they do not belong as citizens
or otherwise"
Discussing the plea that the law
should not be applicable to Turner be-
cause he was not an active anarchist,
Chief Justice Fuller said:
Even if though Turner. if he did
not state to the immigration board of
inquiry, only regarded the absence of
government as political ideal, yet
when he sought to attain it by advocat-
ing not simply for the benefit of work
ingmen, who are justly entitled to re-
pei the charge of desiring the destruc-
ton of law and order, but at any rate
as an anarchist, the universal strike,
to which he referred and by discourses
on what he called the legal murder OF
1887 referring to the Spies case and
by addressing mass meetings on that
subject in association with Most, we
cannot say that the inference was I'M
justifiable either that he contemplated
ultimate realization of his ideal by tho
Use of force. or that his speeches were
Indictments to that end
In conclusion the chief justice said;
I'VE are not to be understood as
deprecating the vital Importance of
freedom of speech and the press, or
suggesting futile limitations on the
spirit of liberty, in itself unconquer-
able. but this case does not involve
those considerations. The flaming
brand which guards the realm where
Z no human government is needed still
| bars the entrance, and as long as hui
man governments endure they cannot
! be denied the power Of self-preserva-
ton as that question is presented
here"