The Washington times., 1901-11-03
A PROTEST. BY 4. ]. SMITH
Objects to the Admission Here of
Earl Russell.
In Letter TO II. A. Taylor Criticises
Attitude of Assistant Secretary OF
the Trensury-Amcrica- of
the EugIishmnn's Grandfather.

The question whether Earl Russell
| should be admitted to this country mas
recently been brought to the attention of
the Treasury Department in number OF
communications. This seems to have been
caused by what has been termed, the un-
usual course which The Treasury Depart
ment has pursued in regard to the matter.
When the Treasury officials were inform
ed through the newspapers that Earl Rus
sell intended coming to this country the
immigration authorities attention was
called to the fact that the earl has been
convicted of bigamy. and was, therefore,
under the law regulating immigration.
excluded from this country. They inform
ed the collectors at the various immigra-
ton ports of this matter, SO that they
could act in keeping with the law should
the earl present himself at the gates of
this country and demand admission.
The information did not carry any iGr-
strCctions, but was merely intended for
use by the Board of Special Enquiry, if
it would have seen lit to make use of it
in its Investigations into the matter.
II. a. Taylor, Assistant Secretary of
the Treasury. however, thought otherwise
and rescinded the letter of the Immigra-
ton Bureau to the collectors and advised
lHt IdllGE lIldl tSdTi INuSStilt AASN b'i'Ap
a criminal under American laws, should
not be refused admission on account Of
the verdict of the English House of Lords,
branding him a felon and sentencing him
| to Imprisonment for a term of three
months.
Horace J. Smith, Of Philadelphia, first
called the attention of the Treasury De.
partment to the intention of Earl Rus
sell to come TO this country, and further
more made the Treasury acquainted with
( the detailed facts of the earl's conviction.
| and demanded that he be refused admis-
sion to this country, in accordance with
| the laws regulating the immigration ser
vice
Mr.. Taylor Friday received the fol-
| lowing letter from MIR. Smith in regard to
the matter:
Sir: There has appeared in the press
generally a letter, apparently from you,
in reference to my protest in regard TO
Earl Russell. and further reference to
the case appears in your answer to the
protest, cahied to you b" the Countess
Russell, in which you appear TO nave
stated that the former statements attTib-
uted to you are untrue. In this answer
you are made to say that. notwithstaud-
ing your reported decision admitting
Earl Russell, because Of his divorce mere,
you know nothing whatever OF the pro-
ceedings here except what has appeared
IN the newspapers Il is due To all par
ties here that there should be some ex-
pilclt and reliable statement made by the
department upon which the parties inter-
ested could act with iRtellig snce. 1t is so
extremely irregular that decision should
De made by the Department in advance of
any application having been r1ade and
without any effort on the part of the De
partm:nt 10 ascertain the facts of the
case, that / must presume that the press
statements in regard to the Department s
relation to the case are wholly unwar-
ranted.
Il submit to you, or whoever NAV be
the proper authority, my protest against
the admission OF Earl Russell. and the
grounds for tie protest. / have before
entering this protest. ascertained the
facts OF the divorce and the law relative
10 convict immigration. The fact that the
divorce fere was obtained by fraud and
was invalid IN America. as in England,
was before the House of Lords and dis
tinctiy proved and admitted by the earl,
IN his permitting. without objection Z,
dlVorce to be granted to his then wife.
Mabel Edith. Countess Russell. The con-
YlctiOn was made upon a full view of all
thg facts and the law Of the case: it was
followed by his Imprisonment and was
brought within the letter and spirit Of the |
law of immigration of March 3. 1891.
Permit me to call your attention to |
the provisions of the act. Sections ] and /
include among the classes of aliens 1
who shall be excluded from admission to /
the United States persons who have been |
convicted of a felony or other Infamous |
crime or misoemeanor invoivinG moral
turpituce. On the arrival by water of any /
alien immigrant at any place within the
United States. the agent or cOmman nder
of the arriving vessel shall report the
name, residence, nationality, and desti-
nation OF Suc-I immigrant to the proper
inspection officers, and they shall make
proper inspection Of such immigrant and
they shall have power to administer
oaths and take testimony relative TO the
right Of the alien to adm issiun. and enter /
the same on record, and detaiu the immi-
grant during such examination; their de-
cisiOn shall be final respecting the right !
Of the alien to land, uEiess appeal from !
the decision be taken to the Commission !
er Of immigration, whose action shall bc
subject to review by the Secretary of the |
Treasury.
1T Is my purpose in writing TO you to
whether your decision. as re- !
ported, was made, and whether IT was I
to supeTsedc the orderly course |
of procedure prescribed in this act and |
whether it is intended to forestall any !
examination at the point Of landing and
abrogate in advance the regular course Of
procedure prescribed in the act which /
have just recited.
You will oblige me by an early answer
to this request The matter is one of
great Importance in its relation 10 the
family, and, of course, Of still greater i'm
portance in the matter Of an impartial
OF our laws governing i'm
/ am. with great respect.
HORACE J. SMITH"
In answer to this communication Mr..
Taylor seat the following letter:
Mr.. Horace J. Smith, 52i Walnut Street
Philadelphia:
Sir: | am In receipt OF your letter of
the Goth instant with regard to the admis-
sion of Earl Russell TO this country.
should ne apply TO be permitted. IL is |
not necessary TO make any statement in
relation to the newspaper gossip to which
you refer. ! simply say that the Depart
nent Intends TO administer immigration
iffairs according to the laws and regula-
lions. Respectfully yours.
H. A. TAYLOR,
Assistant Secretary"
It speaking Of the matter y-stcrday Mr.,
smith said:
What / wished to know was whether
decision had been made hy Mr. Taylor, |
IS reported, over his signature iu advance
II the application of the convict earl. in
'iolatiOn of the provisions Of the act IF
March .. 1891. That Is Of interest to the ,
Iubiic generally. My object tn calling the
.ticnjion of the Department TO the matter
vas that a law excluding undesirable Inn
Migrants might be enforced, and the coun-
ry not be discrcditcd abroad by the ad- $
Mission OF titled convlCts and the cXclu- =
ion of those without these advantages q
have no personal feeling in the matter n
my more than any other o. my fellow
itiZens. &
The carl is a convict Of a crime of
,reat tuIPitLdc, after a trial in the court | /
# his peers, with every disposition to look ,
ipon mis- case favOTabiy. II the facts war
anted such II suit. In addition to this | ;
e had, In order to eYadc the obligations ! j
f his marriage, rcsOrted to a court of d
0rcign jurisdiction, and made his wife | G
n object OF opproblUm as having given ! \
i'm cause for unuuiling their marriage | d
he proceedings OF the House of Lords | Il
eem 10 be conclusive that there was a q
fraudulent use Of cur courts for this pur-
Ose. g
~,