The morning call., 1891-07-25
INSPECTOR HATCH SUSTAINED.

pLCulO SOuIt.
INSPECTOR HATCH SUSTAINED.
The decision is as follows:
In the matter Of Nishimura Eku on hlbeas
corpus. This Is the case OF a Japanese woman
VINO was refused permission 10 land by the proper
officer, under the act of March 3, 1891, entitled
IAN act in amendment TO the various acts rel
alive To immigration and importation Of aliens
under contract or agreement 10 perform labor"
The report OF The Commissioner. S. C. Houghton,
to whom the case was referred, recommending a
remand, states The facts fully, TO which reference
Is made. am satisfied the report should be con
filmed and the petitioner remanded. The act
provides that upon the arrival by water at any
: place within the Uniie0 States OF any alien ia-
migrants II shall be The duty OF the commanding
officer aud the agents OF the steamer or sailing
vessel by which they come TO report the name,
nationality, last residence and destination of
every such allen, before any OF them are landed,
to The proper Inspection officials, who shall there
upon go OF send competent assistants on board
such vessel anu there inspect all such aliens or
inspection officers may order a temporary re-
moyal of such aliens for examination al a desig-
mated time aud place and then aud there deIain
them until thorough inspection be made. But
such removal shall not be considered a landing
during The D nding OF such examination" -
"The inspection officers and their assistants
shall have power TO administer oaihs aud take
and consider testimony touching The right Of any
such aliens 10 enter the United States, all of
which shall be entered in record" IAN
decisi.ns mace by tbs inspecting officers or their
assistants touching the right 10 Land when ad-
verse 10 such right, shall be final unless appeal
be taken 10 The Superintendent of Immigration,
Secretary OF Tie Treasury"
Ills DECISION FINAL UNLESS APPEALED.
Thus. IL VIII be seen, That The law provides an
officer who shall make examination determine
whether ibe proposed Immigrant Is entitled 10
land or mol, investing the officer with powers To
administer odths, examine witnesses and decide
the case, making his decision final ''unless ap-
peal be TAX 10 the Superintendent OF Immi-
grafton, whose act snail be subjectIo review by
the Secretary OF The Treasury" There being a
proper tribunal provided for The exercise OF THIS
Judgment with TWO appeals tins court is not
authorized 10 step in and interfere with The
exercise OF this jurisdiction, and especially be-
fore the Case has gone through tile course OF
procedure pointed out ami the REMEDY by appeals
been exhausted. 1t is claimed, however, that
the law Is unconstitutional. | do not think so.
Ii Is certainly competent for tile Quilted States
10 exclude foreigners from entering The country,
whose presence Is deemed injurious TO lhe peo-
pie and Government OF the United States, and
having this authority, they must have power
10 provide some means for sunlniary ascertain
ing the qualifications OF those seeking to enter.
NoN-RESIDENTs HAVE ACQUIRED NO
RIGHTS.
The parties included in the act referred to stand
upon a very different footing from those who have
been born In the country attempting TO return
aiieI an absence, ana those VINO have lived in
the country III pursuance OF The laws and ac-
Quired rights under the Constitution treaties
and laws OF The United States. Whatever the
rights Of such parties may be. these parties have
never been IN The country or subject 10 its Con-
Sutution and laws, and they have acquired no
rights whatever under them. Trey are seeking
10 enter for the first time, and must submit TO the
conditions imposed and The course OF procedure
appointed by Congress for determining their
right to enter. /. ! have no doubt the law
Is cons tiluiional. that the officers authorized by
the act have jurisdiction. and that their deter
mination within their jurisdiction is conclusive.
THE PETITIONER REMANDED.
Let the report of the Commissioner be con
filmed and The petitioner semaBded TO the Gus
tody of J. l.; Hatch, Immieraton Inspector, to
be dealt with as he may find that Tie law re-
quires. upon either the testimony before him. or
mat ana such other as he MAY deem proper TO
take.
Let similar order be entered i'll Tanchi
Meyo, in 70 Wanatabe TOki and in re Tanaka
YOn SAWYER Circuit Judge,
concur: BEATTY. District Judge.
The expenses of testing the question of
the right of the Circuit Court to review In
spector Hatch's decisions cost the Govern
ment in the neighhorhood of $50.