Show IT I 1 SS S GOOD I 1 LAWS LAW I 1 exclusion ad act idl all right I 1 IT IS 19 constitutional L I 1 so the supreme court decides three dissenting judges washington D C may 15 the united states supreme court tody today to dy day through justice gray sustained the tha de ciscon of the new york courts in favor of the constitutionality of the dearv chinese exclusion act chief ju guiti kt I 1 a 6 fuller justice field and justice f brewer dissenting the announcement of tho decision in the tha case attracted a large attendance ai of spectators and attorneys including attorney gen bai 1 I olney solicitor geneval aldrich Aldric li pugh dolph and cochrane ju tice gray maid that the question Dresen presented ted was the constitutionality and effect of the sixth tion of the act en to prohibit the coming of f chingee persons into the united unit io d states the justice sketched the pr pro 0 vaiona of the law rapidly and then proceeded to say bay that it wai perfectly f well wella a aled sa as 0 oce C e of the imd principles ot A the law of nations that svery ayery independent nation lad bai an in herout right to keep alens adens out of its iff ferritor terri tor and to order them to got get out ot of its ita territory that power public weli wel tare a demanded that power exists in 11 inne of war and equally so in time of peace and always has been recognized as aa beloni sine to independent nations lure like tb the e united ri li tates all of theR the great reat powers have power to make inake war to make peace to pass acts of naturalization to pass all necessary and proper I 1 laws aws to carry out the p powers aers reposed 0 in n congress on the p political 1 I til department of the government devel developed oDed the care of international relations rela tiona it ft has been settled in two cases that the power of exclusion may be vested in executive kers and the aid of 0 the judiciary might mi be invoked 1 I was no new thing in public law for matters to be executive and political in tho the first instance and then take judicial force as the political department might direct the treaties with china p provided r originally for very free into inter r curse c urae that was in 1889 then it was wag lound that it was necessary to have more power for the convenient regula lation lalion of this matter and subsequent treaties treatie more smore distinctly recognized zed all aa contemplated by the contracting parties the power to regulate the entrance of chinese into this country if con gross gress makes a law in inconsistent consistent with a treaty it may give a foreign nation right fight to complain and puch Buch action AS it may deem best beat for iti ato ant tho tha tinta t united states liss is clear aann ano aney ay in us lecog recognize ize its force justice gray grav here bera dwelt at length upon the objection that has been made to the th arbitrary power conferred upon the tha executive officers in making debor lations tati tat OBB ions he said asid that as far as aa the investigation vesti gation cation is made it will be a audle judicial UZ a investigation the law provides that shall be ba deported unless they biall clearl clearly y establish certain facts ts to the satisfaction of a judge the legislature had bad a right to prescribe pret cribe what evidence be demanded before ils ia judicial tribunals it was waa within its power to prove prove that those aliens who haye been byear a year with in the abo united states without getting out a certificate should shoud be deported it had bad a right to define what witnesses should be heard the right to protect the courts against testimony persons bad no regail for the sanctity of an oath he ha would not touch urion tho the wisdom the policy nor even the justice of the act those questions were for the noli political li legislative and executive depart mena of the government the act provides v des that thai the persona in question should be sent bent out oat of the country to the place from whence they came it provided not for the of a crime but simply for the removal of whose presence congress Con gresa considers inconsistent with the public welfare it must most be remembered that the chinese cannot bo be naturalized doubtless t they fire are entitled to the security and aid safeguard guaranteed by the constitution ution and laws in such measure as they or nr ovide but there thera was wa nothing in a the constitution or the laws am ra which impugned the power of congress Con greiB grels 0 compel them to leave the country |