The Montgomery advertiser., 1904-05-17
TURNER TO GO BACK
SUPREME COURT DECIDES AGAINST
 THE ANARCHIST.
In Opinion Delivered By Chief Justice Fuller, the Freedom of Speech and Press and the Law are
 Discussed.

Washington, May 16.--In an opinion to- day by Chief Justice Fuller, the United States Supreme Court sustained the &C., ton of the immigration authorities at the port of New York in, orderinng the de- portation of the Englishmar Turner, al- legged to be an anarchist.
 The Chief Justice said in his opinion that Turner did not himself deny that he is 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 to Turner.
 Chief Justice Fuller in his opinion first reviewed the facts in the case. includ- ing the claim of Turner that he Is a lecturer on sociological questions and that his counsel contended that he was an anarchist in theory merely. He then referred to the fact that Turner's counsel attacked the immigration law as uncon- stitutional on the ground that 1t is con- tradlction of the first, fifth and sixth amendments and also of section one of the constitution and because no power Is delegated by the constitution by the gen. eral government over alien friend with reference to their admission into the United States or otherwise or over the beliefs of citizens, 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 theory of international law that every sovereign nation has the powers, as inherent in sovereignty and essential to self-preserva- ton, to forbid the entrance of foreigners lnt fplo ort h admit thar1 only in such cases and on such conditions as 1t may see fit to prescribe. or on the power to regulate commerce with foreign nations, which includes the entrance of speeches, the importation of goods and bringing of persons Into the ports of the United States. the act before us Is not open to constitutional objection. Nor is the manner in which Congress has exercised the right. although when such case arises the objection may be taken"
 The Chief Justice also expressed the surprise of the court that exceptions should be taken to the law on the ground that 1t is obnoxious to the constitutional provision prohibiting the abridgement of freedom of speech the exercise of rel- gious provisions etc.
 Tt has, he said, mo reference to the esta blishment of religion; nor does 1t pro- hlbit the free exercise thereof. nor abridge the freedom of speech or of the press nor the right of the people to as- semble and petition the government for redress of griecances. It Is of course true that if an alien is not permitted to enter this country. or, having entered contrary to law. is expelled he Is in fact cut off from worshipping or speaking or publishing or petltioning in the country but that is merely because of his exclu- sion therefrom. He is not one of the people to whom these things are secured and cannot become such by an attempt forbidden by law"