The midland journal. (Rising Sun, Md.) 1885-1947, 1904-05-20
CLOSED TO ANARCHISTS
U. S. Supreme Court SANCTIONS Tur-
ner's Deportation.
he WAS RIGHTFULLY EXCLUDED.
Interesting Opinion Handed Down by Chief
Justice Fuller Declaring the Law Is Consti-
tutional-Why 1t Does Not Violate Ccnsti.
tutionaI Privileges Guaranteeing Free
Speech.

Washington, D. c. (SpeciaD
an opinion by Chief Justice Fuller
the United States supreme Court sus-
tanned the action Of the Immigrant
authorities at the Port of New Yort
in ordering the deportation of the
Englishman Turner, alleged to be an
anarchist The Chief Justice said il
his opinion that Turner did not him.
self deny that he is an anarchist
The opinion upheld the law for the
exclusion on anarchists and affirmed
the decision of the Circuit Court fop
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, in
Guiding the claim OF Turner that he
is a lecturer on sociological questions
and that his counsel contends thar
he was an anarchist in theory merely
He then referred to the fact that
Turner's counsel attacked the iinmi-
grafton law as unconstitutional on the
ground that it is in contravention of
the First, Fifth and Sixth Amend
Constitution, and because mo power
is delegated by the Constitution ia
the general government over alier
friends with reference to thir adj
mission into the United States or
otherwise, or over the belief OF citi-
zens, denizens, sojourners or aliens
or over the freedom of speech or OF
the press"
All the contentious were negativeo
by the decision of the Chief Justice
who said, among other things:
whether rested on the accepted
principle of international law that
every sovereign nation has the power
as inherent in sovereignty and essen
tial to self-preservation, to forbid the
entrance of foreigners within its do
minions, or to admit them only i'll such
cases and on such conditions as II
NAV see fit to prescribe, or on tho
power to regulate commerce with tor
eign nations, which includes the en-
trance 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 con-
stitutional objection. Nor is the man
ner 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 ex-
ception should be taken to the law on
the ground that it is obnoxious to-
the consttut onal provision prohibit.
ing the abridgement of freedom of
speech, the exercise of religious privi-
leges, etc.
at has," he said. mo reference to-
an establishment of religion, nor does
it prohibit the free exercise thereof,
nor abridgc the freedom of speech
or of the press; nor the right OF the
people to assemble and petition the,
government for redress or grievances.
1t 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 petitionng i'll the coun-
try, but that is merely because of his
exclusion therefrom. He is not one
of the people to whom these things
are secured, and cannot become such
BY an attempt forbidden by laws To
appeal to the Constitution is to con-
cede that this is land governed by
that supreme law and as under it the
power to exclude has been determined
to exist, those who are excluded can
not assert the rights in general OBJ
tanning in land to which they do not
belong as citizens or otherwise.