Show H V VB NO B BUSINESS I SS HERE tR The Tb United States Supreme Court Holds That English man fur Tur Turner furner ner ncr Was Properly Excluded JUSTICE BREWERS OPINION I but Matte Made Strong Plea Pica In I Favor of the lie Tenth Amend May Ma 14 1 In an un opinion onIon today by b Chief the Unit United Unitt ed t l States n court sustained the th action of ot the tho Immigration authorities at lit a tho tilO port poet of or N No sv cV York In ordering tho tI of at tio tM hman Tnt Till Turner ner alleged to be an nfl anarchist The Tho chief justice sold nItI in nU nil opinion that Turner himself denies that he ho Is 18 an ILU Tho opinion the law luw tot for the exclusion of ot anarchists and af lit affirmed firmed finned thie Iho decision ot of the tho ti circuit court tot for the th Southern of at Now York which a writ of ot habeas corpus conlU tot for Turner Durner Chief Justice Fuller Fullor In his hiM opinion first reviewed l 1 the thc tact facts in the tic case In eluding the claim of ot Turner Lurner that he ho la Is laa i ift I a ft 11 lecturer on sociological questions and i this his hili counsel contended that he ho was wa I an nn In theory merely morely lIe Ho then theis referred to the tM fact tact that Turners coun coon counsel ret sel attacked tho the Immigration law at lie a unconstitutional on the ground that It U UIn i In contravention of or tho the first fifth nUh and a and also aio of ot section one or O the and anu because no power lIS 19 deliS dehl rated fated toy ty y the thu Constitution tion to the th government over alien foreigners kith frith ith reference to their Into Inlo the tho United or otherwise or over ovel the tha beliefs of at cUt cill zen zens denizens or aliens or over the freedom of ot speech or of or tho pre B BAll All Jul the contentions were by bytho bythe the tho decision of or the theL chief Justice who said caM 1111 1 umon arnon other mines Whether rested on or 0 the accepted prin principle princIple ciple of ot International la ia that every nation nullon ban hns the power as ns In Inhere here herert r I In n sovereignty and und essential to self Belt preservation to forbid the tho entrance of ot foreigners within Its ita dominions or to admit them thorn only In such cases cae and on euch such conditions as ns It may sec lIeo fit to pre 1110 prescribe scribe crit or on tile the power to regulate com corn commerce merce merco with foreign nations which in dudes tho the entrance of the Im Importation of at goods and the bringing of at persons Into the ports of ot tim tha United Untied States tate the act before beto ua tie Is III i not open open to 10 constitutional objection Nor NorIs Is the manner In which exercised the Iho I ht although when such Buch sucha Bucha a R case ras arises the objection may bo 10 taken The chief justice also io expressed tho the surprise of ot tho the court that exceptions exception II should hould be taken to the law Jaw on the ground that It Ills In to tho the con provision prohibiting tho the abridgement of at freedom of ot speech the exercise of ot religious religIons privileges etc It U has haa ho lie said laid no reference to an tin es Ill establishment S of ot religion nor toes does It pro prohibit hibit tho th free treo exercise e thereof nor abridge tho ho freedom of or o speech or of at the press reu j nor tho the right of ot the people to assemble and petition tho the government for tor redress of ot grievances It is III of ot course courso true trUn that If It nn tin alien Is not permitted to enter thIs country or 01 having hIng entered d contrary to law Is expelled he Is U In fact act cut oft off tram from worshiping or peti petitioning In the country but that thai is mostly because of ot his hi exclusion lon there tram front He lie Is js not one ono of ot the tho people to whom these three things uro 1110 am secured ond does dOta not become such by b an on attempt forbidden by law To ro appeal to the tho Constitution Is to concede tat this Is III Isa isa a 11 land 1001 governed t by hy the tho supreme law mw lawand and as n s under It I t the power to exclude hall ban been bem determined to exist those who ho hoare are 1111 excluded cannot exert the tho rights In general obtaining In a n land to which they do not belong belon as all citizens or other Discussing Dle ull the plea ilea that the law huld not nol be applicable to Turner be he h cause he waa not an active anarchist Chief hie Justice 1 Fuller said laid Even It If Turner though ho did not KO 5 state to the Immigration hoard board of ot Inquiry only regarding the absence of at government as a 0 political Ideal yet when he sought to attain It by advocating rating cating not nt simply for fol the thc benefit of ot workingmen who ore oro Justly entitled to repel the charge of at desiring the tho de destruction of ot law nod nd order but at any rate rato us 1111 a an nil anarchist tho the universal strike to which he referred and l by die course counCil on ihM tl hat he called c lerl the tho I legal murder of o 1887 1817 to tho Spies Ap cas cash and by b addressing mass maBS meetings meeting rm no that subject In association D with wit tot Voit ot we WJ cnn can not nol say Ray that the Inference wn n ho io contemplated the ultimate realization of or his Ideal by tho the use usi of ot force or that thai his speeches were Incitements to that end Ind IndIn In It conclusion the chief Justice said Wo are oro not to 10 l be 10 o understood us as de deprecating deprecating tho the vital importance of ot free freedom dom ion ot if speech h and tho the press or BUr sug suggesting gesting limitations on the spirit of nt liberty In it Itself unconquerable but this case ell so does dOe not Involve those thORO con can considerations Tho rho which guards the realm where no human gay KOV ov eminent is needed still burs bars tho the en entrance trance trall und and as ns long as IlS human bunion govern government government ment Is I needed still bars the entrance anil ant as all long ns its human governments en endure endure dure lUte they cannot bo ho denied the power of ot self preservation as na that question Is presented here There Thoro was sync no dissenting opinion but Justice Drawer Brewer delivered an un Independent independent dent concurring opinion In which thich ha hO paid said saidI I agree agre to the tho proposition that the United States as a 1 nation nut Ion has all 1111 the tha powers which Inhere In any nation but butI I do not agree that Congress Is au nu authorized In nil all things thing to speak for tor tho nation and I think too little effect has hns been beon given to tho the tenth tent article of ot tho the i amendments to the tha Constitution that thal the tho powers not delegated to ho United States are reserved le to the tho states respectively respective respectively tive or to the t e people The tho tha people have given to the tho government are aro named In ii the tim Constitution and nil alt there thero not named either r expressly or orby orby orby by implication are lire reserved to tho the poo eo i Ill pic pi und nod can be he exercised only by b them Turner Is now in Europe I having been heen released on ball bail In order that thul ho he might return |