PRIVATE RIGHTS AND STATES' RIGHTS. 179 



guarantees.'*- The court refused to enjoin the Secretary of the 

 Treasury from disbursing funds for construction of the Panama 

 Canal on suit of one Wilson, a tax-payer, on the ground that Panama 

 was not properly a state and the United States had no authority. 

 The recognition of Panama by the President and acceptance of his 

 act by Congress were held conclusive by the court. '*^ 



" For the courts to interfere," said Justice Brewer, " and at the instance 

 of a citizen, who does not disclose the amount of his interest, stay the 

 work of construction by stopping the payment of money from the Treasury 

 of the United States therefore, would be an exercise of judicial power which, 

 to say the least, is novel and extraordinary. ... In the case at bar it is 

 clear not only that the plaintiff is not entitled to an injunction, but also 

 that he presents no ground for any relief." 



In the carrying out of foreign policies and decisions in peace 

 and war the national government has been very little impeded by 

 constitutional guarantees. It may exclude or expel aliens without 

 judicial hearing, even when they allege citizenship, the courts 

 holding that in such cases administrative hearing is " due process 

 of law." ** It may annex territory and subject it to military*^ 



*2 Williams z\ Suffolk Ins. Co., 13 Pet. 415; The Divina Pastora, 4 

 Wheat. 52; Jones z'. U. S., 137 U. S. 202; The Prize Cases, 2 Black 635; 

 Willoughby, o/j. cit., pp. 999-1008. 



43 Wilson z: Shaw, 204 U. S. 24 (1907). 



4*U. S. v. Ju Toy, 198 U. S. 253 (1905). Holmes, J., also suggested 

 that the constitutional guarantee might not apply to an immigrant because 

 " although physically within our boundaries (he) is to be regarded as if he 

 had been stopped at the limit of our jurisdiction and kept there while his 

 right to enter was under debate." On power to expel see Fong Yue Ting v. 

 U. S., 149 U. S. 698 (1893). The immigration act of Feb. 5, 1917, art. 19, pro- 

 vides for return of immigrants illegally entering within a period of 5 years, 

 on warrant of the Secretary of Labor, and the act of Oct. 16, 1918, provides 

 for the expulsion of any alien within enumerated classes, on warrant of the 

 Secretary of Labor. Rule 19 of May i, 1917, gives the procedure of en- 

 forcement. See Dept. of Labor, Bureau of Immigration, ed. of Immigra- 

 tion Laws, 1919, and compiled statutes, sees. 4289 1/4 jj. 4289 1/4 b(2). 

 For Chinese exclusion and deportation provisions see acts, May 6, 1882, sees. 

 I, 12 (22 Stat. 58, 61), as amended July 5, 1884 (23 stat. 115, 117), Sept. 13. 

 1888, sec. IS (28 stat. 1210). For finality of decisions of immigration and 

 customs officials see act, Aug. 18, 1894, sec. i (28 stat. 390). See Comp. 

 Statutes, sec. 4290 et scq.; J. P. Hall, Const. Law, pp. 124, 325; Willoughby, 

 op. cit., pp. 1286-1293. 



45 Neeley v. Henkel, 180 U. S. 109 (1901). 



PROC. .A.MER. PHIL, soc, VOL. LX., M, March, 7, 1922. 



