Page:Federal Reporter, 1st Series, Volume 1.djvu/502

 4:94 FEDBBAL REPOSTEB. �2. But, eyen if the reserved po:wer of the Btate over cor- porations were as extensive as is claimed, its exercise in the manner attempted in this case would be invalid, because in conflict with the treaty. �"In every such case" (where the federal govemment has acted) "the act of congress or the treaty is supreme, and the law of the state, though enacted in the exercise of powers not controverted, must yield to it." Per Mr. C. J. Marshall, in Gibbons v. Odgen, 9 Wheat. 211. �The principle thus enunciated by the great chief justice has never since been disputed. Henderson v. Mayor of New York, 92 U. S. 272 ; R. Co, v. Husen, 95 U. S. 465-472. �The article of the constitution of this state, under whioh the law under consideration was enacted, is as follows : �«AETICLB XIX. �"CHINESE. �"Section 1. The legislature shall prescribe ail necessary regulations for the protection of the state, and the counties, cities and towns thereof from the burdens and evils arising from the presence of aliens who are or may become vagrants, paupers, mendicants, oriminals, or invalids, afflicted with contagious or infections diseases, and from aliens otherwise dangerous or detrimental to the well-being or peace of the state, and to impose conditions upon which such persons may reside in the state, and to provide the means and mode of their removal from, the state upon failure or refusai to .comply with such conditions ; provided, that nothing contained in this sec- tion shall. be construed to impair or limit the power of the legislature to pass such police laws or other regulations as it may deem necessary. �"Sec. 2. No corporation now existing, or hereafter formed under the laws of this state, shall, after Ihe adop ion of this constitution, employ, directly or indirectly, in any capacity, any Chinese or Mongolians. The legislature shall pass such laws as may be necessary to enforce this provision. �"Sec. 3. No Chinese shall be employed on any state, ��� �