New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-05-17
NAY BAR OUT ANARCHISTS
EXCLUSION LAW UPHELD.
Supreme Court Lays Dozen Great
Principles IN farmer Case.
frRon TIE rR1RrNs RuREAu.l

TrRoM THE TRIBUNE BUREAU
washington, May 16.-The Supreme Court OF
che United States to-day handed down a unan.-
nous decision, which not only sustains the ac-
ton % the immigration authorities at the port
:, N.w-York in ordering the deportation Of
1obn Turner. an English anarchist, but enun-
oates important principles of constitutional
law TIE opinion determines the right Of Con-
ress TO legislate against the admission of aliens
NJ any class or on any ground. and to delegate 10
an executive department the power to enforce
she law and determine the right OF any alien
% admission under the provisions Of such law
nv laws This decision promises TO prove Of the
utmost value TO the Department of Commerce
90 rshor in the enforcement Of the Chinese
,7xclusion the Anti-Anarchist and similar pro-
,,,s,ons o. the immigration laws, for the reason
,ba+ hereafter an alien viii have no recourse 10
~. courts. and must accept the decision Of the
c..---arv Of Commerce and Labor It further
,-,1tes that aliens are not entitled 10 the privl-
rsges n the Bill Of Rights and cannot there
.ora have recourse TO habeas corpus proceed
.,gs with q view 10 evading the immigration
,sus or delaying their operation, as has been
sona so often. Justice Brewer concurred in the
oninion. as applied 10 the Turner case, but dis
sented from that portion which declares that
Congress has authority TO delegate TO suoordl-
,.,e officials the power to determine the admis-
eFFil1
.bs decision Of the Circuit Court for the South
.-n district of New York. which refused writ
Of ha beas corpus 10 Turner
EXCLUSION LAW CONSTITUTIONAL
The chief Justice first reviewed the facts in
the case. including the allegation OF turner 10
he 8 lecturer on sociological questions and that
his counsel contended that he was an anarchist
4, theory merely. He then referred 10 the fact
that Turner's counsel attacked the IInrllgra-
ton law as unconstitutional on the ground that
n Is IN oontravention Of the Ist With ana vim
Ar,erdrnents and also Of Section l Of the Con-
stiturion. and because no power Is delegated by
the Constitution 10 the general government
over alien friends with reference 70 their adrns-
sion into the United States or otherwise or over
the beliefs of citizens 6enizens, sojourners or
aliens. or over the freedom OF speech or OF the
press" All these contentious were negauved
BY the decision Of the Chief Justice. who said
Whether rested On the accepted principle OF
International law that every sovereign nation
has the power. as inherent in sovereignty ana
essential self preservation, 10 forbid the en-
france OF foreigners within its dominons. or 10
admit them only in such cases and on such con
ditions as il may See ft 10 prescribe or on the
power TO regulate commerce with foreign ma
tons which includes the entrance Of ships, the
importation Of goods and the bringing OF per
sons into the ports Of the United states; the act
before Us is not open 10 constitutional ob1ectoi
Nor is the manner in which Congress has eXel-
cised the right, although when such case
arises the objection may be taken
RIGHTS NOT SECURED TO ALIENS.
The chief justice also expressed the surprise
Of the court that exception should be taken 10
the Law on the ground that II Is obnoxious 10
the constitutional provision prohibiting the
sbridgment Of freedom Of speech. the exercise
OF religious privileges, etc on this point he
said:
u has
nGlon, nor does il prohibit the free exercise
thereof, nor abridge the freedom Of speech or OF
the press, nor the right Of the people 10 assemble
and pelltlon the gov eT1tnent for redress OF gTev
snces Il is, or course. true that Il an alien is
Tot permitted 70 enter this country, or. having
entered contrary 70 law, Is expelled, he is in
fact cut OF from worshiping or speaking or
publishing, or petitiOnng, IN the country. but
that Is merely because or his exclusion there
from He is not one Of the people 10 whom these
things are secured, and cannot become such by
an attempt forbidden by law To appeal 10 the
Constitution IS 10 conceGe thai this IS a land
governed by that supreme law. and as under il
The power 70 exclude has been determined 10
exist those who are excluded cannot assert the
Ilshls II general obtaining IL land TO which
they 90 not belong Is citizens or otherwise.
Discussing the plea that the Law should not be
applicable 10 Turner because he was not an
active anarchist. the chief justice said.
Even if Turner. though he did not so state
70 ne immigration board Of inquiry only re-
eafoeo the absence q government political
d
eating. not simply for the benefit Of working
men, who are justly entitled TO repel the charge
OF desiring the destruction Of law and order,
nut at any rate as anarchist the uni
Nersa9 strike TO which he referred. and by dis
courses on what he called the legal murder OF
loet- referring TO the Spies case. and by ad-
dressing mass meetings that subject in as
ISOLATION with Most. cannot say that the in
Terence was unJustifable, either that he contenl-
Plated the ultimate realization Of his ideal by
ne use II force or that his speeches were in
elements 10 that end.
THE ENTRANCE BARRED.
In closing. the chief justice said.
We are not 10 be understood as depreciating
me vital Importance Of freedom Of speech and
OF the press, OF suggesting futile limitations on
me spirit OF liberty, IN itself unconquera BILE but
uls case does not involve those considerations.
The flaming brand which guards the realm where
no human government IS needed still
trance; and a. long human governments endure
they cannot be denied the OF seIf-preservafOn
~ that question is presented here.
There was 10 dissenting opinion. but Justice
SreWer delivered independent concurring
opinion in which he said:
= agree TO the proposition that the United
sIates as q nation has al the powers which IN
mere IN any nation, but do not agree that Con-
gress IS authorized in all things 10 speak for
ne nation. ana ] think too little effect has been
given 10 the Xth Article of the amendments
10 ne Constitution that the powers not dele