See U. S. v. International Silver Co. (C. C. A. Conn.) 271 F. 925, reversing judgment (D. C.) 255 F. 694; Franco v. Seas Shipping Corporation (D. C. Md.) 272 F. 542.

Power of Congress.-Congress by statute may forbid aliens from coming into the United States, and may provide for their expulsion, devolving upon the executive department or its subordinate officers the duty of carrying out the law. Akira Ono v. U. S. (C. C. A. Cal.) 267 F. 359.

Statutory restrictions on immigration, like all other statutes, are, if possible, to be construed in accordance with the spirit as well as within the letter of the Constitution, including its declaration for freedom of speech, press, and assemblage. Colyer v. Skeffington (D. C. Mass.) 265 F. 17.

Repeal.-Rev. St. § 2169, as amended (Comp. St. § 4358), authorizing the naturalization of aliens who are "free white persons," held not repealed as to nations of India by this section, which by territorial delimitations excludes such persons from entry, and a highcaste Hindu, native of India, who lawfully entered prior to the passage of that act, and possesses the requisite qualifications, held entitled to admission to citizenship. In re Bhagat Singh Thind (D. C. Or.) 268 F. 633.

Construction, operation, and validity of immigration laws.-The statute, by enumerating the conditions upon the allowance of an alien to land or remain in the country may be denied, prohibits the denial in other cases. Ex parte Mitchell (D. C. N. Y.) 256 F. 229.

Application to Chinese. This act is applicable to Chinese aliens entitled to enter under the Chinese Exclusion Laws. Hee Fuk Yuen v. White (C. C. A. Cal.) 273 F. 10, certiorari denied Pang Hing v. White, 42 S. Ct. 51, 257 U. S. 639, 66 L. Ed. 411.

Persons returning to the United States after absence.-The fact that a Chinese merchant has acquired a lawful domicile in the United States does not give him a status which entitles him as a matter of right to return after a temporary absence from this country, or which bars his deportation under this act. Hee Fuk Yuen v. White (C. C. A. Cal.) 273 F. 10, certiorari denied Pang Hing v. White, 42 S. Ct. 51, 257 U. S. 639, 66 L. Ed. 411. Department of Labor rule 16, which provides that an absence not exceeding six months shall be deemed a temporary absence, within this section, per2 SUPP.U.S.COMP. '23-82

mitting aliens returning after a temporary absence to be admitted in the discretion of the Secretary of Labor, is not unreasonable or unfair, and its application to the hearing of a Chinese merchant seeking to return after an absence of more than six months does not make such hearing unfair. Id.

Grounds for deportation and persons subject to exclusion-An alien resident in the United States may be deported for any reason which Congress has determined will make his residence here inimical to the best interests of the government. Skeffington v. Katzeff (C. C. A. Mass.) 277 F. 129, reversing decree (D. C.) Colyer v. Skeffington, 265 F. 17.

Under this section, a Japanese woman who before leaving Japan became the wife of a Japanese resident here, is entitled to enter the United States, notwithstanding her husband's subsequent refusal to receive her as his wife. Ex parte Hosaye Sakaguchi (C. C. A. Wash.) 277 F. 913.

Under Act May 19, 1921, § 2(d), (post, § 42892a), excepting ministers of any religious denomination from the quota provisions of that act, section 4 (post, § 42891⁄2c), providing that it is in addition to the provisions of the immigration laws, and this section, excepting ministers and their wives or children from the exclusion provisions of that act, a minister's wife and children, as well as himself, are excepted from the quota provisions. U. S. v. Commissioner of Immigration of Port of New York (D. C. N. Y.) 278 F. 564.

Persons mentally deficient.-A Japanese alien held properly refused admission because of his failure to satisfactorily pass the literacy test. Mototaro Eguchi v. U. S. (C. C. A. Hawaii) 260 F. 144.

Under this section, exempting from the literacy test aliens who have been lawfully admitted and have resided in the United States continuously for five who years, and return within six months from the date of their departure therefrom, such time cannot be extended because of the inability of the alien to obtain transportation within the six months. Id.

A rule promulgated by the Commissioner General of Immigration providing a special method of applying the literacy test to immigrants, held within the statute and valid. Id.

Person likely to become public charge.-A "person likely to become a public charge" is one whom it may be

necessary to support at public expense by reason of poverty, insanity and poverty, disease and poverty, or idiocy and poverty. Wallis v. U. S. ex rel. Mannara (C. C. A. N. Y.) 273 F. 509.

An able-bodied Japanese woman with a fair education, with no mental or physical disability, with some knowledge of English, skilled as a seamstress and manufacturer of artificial flowers, with a disposition to work and support herself, and having a well-todo sister and brother-in-law domiciled in this country, ready to assist her, and who has a husband living here engaged in business, was wrongly excluded as likely to become a public charge. Ex parte Hosaye Sakaguchi (C. C. A. Wash.) 277 F. 913.

To warrant the exclusion or deportation of an alien under this act, as a "person likely to become a public charge," some facts or conditions must be shown which make it "likely" that such person will become an occupant of an almshouse, or otherwise require support at public expense, for want of means to support himself in the future. Ex parte Mitchell (D. C. N. Y.) 256 F. 229.

An alien woman 42 years old, in good health, who is and has been able to support herself, and has both real and personal property in this country, is not subject to deportation as a "person likely to become a public charge," because of the possibility that she may be deprived of her property by being made defendant in a suit not brought or even threatened. Id.

Persons in diseased condition.Under this section, excluding aliens afflicted with contagious diseases, and providing that the decision of the board of special inquiry adverse to the admission of the alien shall be final, the classification by the Surgeon General, in pursuance of the authority conferred upon him by section 16 of the act (section 428941), of clonorchiasis as a dangerous contagious disease, is conclusive. Hee Fuk Yuen v. White (C. C. A. Cal.) 273 F. 10, certiorari denied Pang Hing v. White, 42 S. Ct. 51, 257 U. S. 639, 66 L. Ed. 411.

Persons committing crime involving moral turpitude.-That a Chinese alien was arrested for gambling and fined on a plea of guilty some years after his entry on a merchant's certificate, which was not impeached, held not sufficient to warrant his deportation on the ground that he had criminal tendencies or was likely to become a public charge at the time of entry. Ng Fung Ho v. White (C. C. A. Cal.) 266 F. 765, certiorari granted 41 S. Ct. 148, 254 U. S. 628, 65 L. Ed. 446.

Under section 16 of this act (§ 4289i), making a false statement under oath relating to the right of alien to admission, perjury, a statement by the alien that he had ro relatives with

in the country was a crime involving moral turpitude, which justified his exclusion under section 3 of the act. Kaneda v. U. S. (C. C. A. Hawaii) 278 F. 694, certiorari denied 42 S. Ct. 586, 259 U. S. 583, 66 L. Ed. 1075.

As respects deportation of an alien, the offense of being a "jointist," defined by Laws Wash. 1917, p. 60, § 11, as one opening up and conducting a place for the unlawful sale of intoxicating liquors, and punishable thereunder as a felony, is an offense involving moral turpitude. Rousseau V. Weedin (C. C. A. Wash.) 284 F. 565.

Deportation of an alien held warranted, when he voluntarily admitted that before entry he had committed bigamy, and had been convicted and served a sentence therefor. U. S. v. Brooks (D. C. Mich.) 284 F. 908.

Communists and anarchists.-A Spanish alien, who believes and teaches anarchy as a philosophical theory, but does not advocate violence, is liable to deportation under this act, notwithstanding that he had been a resident in the United States for 15 years. Lopez v. Howe (C. C. A. N. Y.) 259 F. 401.

An alien resident, who is opposed to the government of the United States, and who publishes propaganda intended to eventually result in or facilitate its overthrow, held, subject to deportation under the statute, though he does not advocate its immediate overthrow by violence. U. S. v. Uhl (C. C. A. N. Y.) 271 F. 676, certiorari denied Georgin v. Uhl, 41 S. Ct. 623, 256 U. S. 701, 65 L. Ed. 1178.

As respects liability to deportation, under this section, as a member of an organization believing in, teaching, or advocating the overthrow by force or violence of the United States government, a member of the Communist Party, who in his application declared his adherence to the principles and tactics of the party and the Communist International, is bound by the declarations of purposes and program found in the manifesto of the Communist International, or in the manifesto and constitution of the Communist Party of America. Skeffington v. Katzeff (C. C. A. Mass.) 277 F. 129, reversing decree (D. C.) Colyer v. Skeffington, 265 F. 17.

Under this act, and Act Oct. 16, 1918, the executive department of the federal. government has authority from congress to deport aliens who are "anarchists," even though philosophical an archists, who do not teach violence and force as a means of abolishing government. Ex parte Pettine (D. C. Mass.) 259 F. 733.

The word "anarchist," as used in the immigration statutes, includes, not only persons who advocate the overthrow of organized government by force, but also those who believe in the absence of

government as a political ideal, and seek the same end through propaganda. U. S. v. Stuppiello (D. C. N. Y.) 260 F. 483.

Prostitutes.-An alien prosti. tute, excluded from entry into the United States by this section, by express provision of section 19 of this act (Comp. St. Ann. Supp. 1919, § 42894jj), does not, by her marriage to an American citizen after her illegal entry, become a citizen or change her status as an alien, subject to deportation under said section. Ex parte Flores (D. C. Ariz.) 272 F. 783.

Contract laborers in general.See U. S. v. Nederlandsch-Amerikaansche Stoomvaart Maatschappij, 41 S. Ct. 72, 254 U. S. 148, 65 L. Ed. 193.

Complaint in an action under Contract Labor Act Feb. 20, 1907, c. 1134, § 5 (Comp. St. § 4250), to recover penalties for violation of the preceding section by inducing and encouraging the immigration of contract laborers, held insufficient in failing to allege facts showing that the aliens were contract laborers as defined in section 2 of the act (Comp. St. § 4244). U. S. v. International Silver Co. (D. C. Conn.) 255 F. 694.

In this section, excluding aliens coming to the United States under contract, agreement or inducement "to perform labor in this country of any kind, skilled or unskilled," the word "labor" is to be construed in its generally understood meaning as applying to manual labor. Ex parte Aird (D. C. Pa.) 276 F. 954.

Aliens excepted from contract labor provisions.-This section excluding contract laborers, but providing that such provisions "shall not be held to exclude persons belonging to any recognized learned profession," held not to exclude a Japanese alien, seeking admission for the purpose of teaching the Japanese language, history, geography, and arithmetic in an established school, because (1) the doing so is not to perform labor within the meaning of the act, and (2) such teacher may properly be regarded as belonging to a recognized learned profession. Tatsukichi Kuwabara v. U. S. (C. C. A. Hawaii) 260 F. 104.

An alien educated in a technical school as a marine engineer and trained and experienced in the designing of marine steam turbines who was induced to come to the United States to enter the employment of a shipbuilding company, where he was made a "class A draftsman," whose duty it was to design machinery for vessels to conform to general plans and specifications for the particular vessel, and to direct the work of draftsmen under him, held

a person "belonging to a recognized learned profession" within the exception. in this section, and not subject to deportation as a contract laborer. Ex parte Aird (D. C. Pa.) 276 F. 954.

Person's assisted by others to come.-Letters written to aliens residing in Canada, in which defendant stated it was looking for skilled and unskilled labor, stating the wages for each, and asking when the aliens would report for duty, impliedly offered employment to the aliens, and solicited them to migrate, so that they were contract laborers within former Immi gration Act of 1907, § 2, who were encouraged to migrate to the United States contrary to section 4. U. S. v. International Silver Co. (C. C. A. Conn.) 271 F. 925, reversing judgment (D. C.) 255 F. 694.

Replies by an employer of labor to inquiries from aliens as to the possibility of securing employment, in which the employer stated he was in need of labor and would pay specified wages therefor, and inquired when the aliens would report for duty, are violations of the contract labor provisions of the former Immigration Act 1907, §§ 2, 4, Id. 5 and not mere courtesies.

Passports.-Under former act (Act Feb. 20, 1907), providing that, when the president shall be satisfied that passports issued by any foreign government to its citizens to go to other countries are being used for the purpose of enabling the holders to come into the continental territory of the United States, the President may refuse to permit such citizens to enter the continental territory of the United States, as well as the proclamation of President Roosevelt superseded by the so-called "gentlemen's agreement" between the United States and Japan and the proclamation of President Taft, a Japanese laborer is not entitled to enter the continental United States, even though he left Japan without passport. Akira Ono v. U. S. (C. C. A. Cal.) 267 F. 359.

Administration of law-Review by courts.-A court is without authority to discharge an immigrant, refused admission and held for deportation on the ground that he is likely to become a public charge, on his furnishing a bond conditioned that he will not become such charge. Wallis v. U. S. ex rel. Mannara (C. C. A. N. Y.) 273 F. 509. Cited without definite application, Tatsukichi Kuwabara v. U. S. (C. C. A. Hawaii) 260 F. 104; Lauria v. U. S. (C. C. A. N. Y.) 271 F. 261; Mills v. U. S. (C. C. A. Wash.) 273 F. 625; Ex parte Leong Shee (D. C. Cal.) 275 F. 364; Ex parte Tsunetaro Machida (D. C. Wash.) 277 F. 239.