In the same volume. 2 Otto. is the recent case of ChyLuag vs. Freesean. In that case the Legislature of the State of California passed an act requiring the commissioner of emigration to board every vessel that landed at San Francisco with passengers and ascertain and determine as to whether or not passengers so arriving were idiots. lunatics. paupers. criminals. lewd or debauched women. specifying various objectionable classes. but the statute of California applied to none other than objectionable classes. It specified the various classes of persons. such as my honorable friend from New York referred to a few moments ago as persons that the State had a right to exclude from her boundaries in the exercise of those powers generally characterized and known as the police powers of the State. t was these classes. and these classes alone. that the act of California referred to and proposed to fix the terms upon which they should be admitted to the State. if admitted at all. The act proceeded to provide that when this commissioner of emigration had determined how many paupers. how many idiots. how many lunatics. how many lewd or debauched women were upon the vessel. he was required to demand that the master. owners. or consignees of the vessel give a bond with two Or more sureties. and no two sureties to go upon more than one bond. the bond to be in the penal sum of $500 for each passenger. conditioned that the passenger should never become a charge upon any city. town. or county of the State. But it provided further that the commissioner of emigration after he had required these bonds of $500. with two sureties oii each bond. and no two allowed to go on more than one bond. and who were required to be freeholders and citizens of the State of California. and fixing the fee for the execution and acknowledgment of these bonds. amounting in each case to about $5. the act provided that the ciimissioner might commute these bonds with the master of the vessel by the master paying to the commissioner such sum of money in each ease as the commissioner thought proper to exact. The constitutionality of this act was tested. and the court held that the State of California had no power to pass such act because it was a regulation of commerce. and the power to regulate commerce having been delegated to Congress. the State did not possess and could not exercise it. and therefore the act was voidthe power to determine the rules. regulations. and restrictions upon which even this. the most objectionable class of persons that can be imported should be admitted within the limits of the United States being vested in Congress alone. There is one other case to which I will briefly refer. the case of the Railroad Company 0.
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emigration