The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-10-28
In FAVOR OF EARL RUSSELL
The Treasury Department Rules
Against His Exclusion.

| Mr. Taylor. the Assistant Secretary,
/ Declares That His American Di-
/ VOrce Was Legal One-An ImmI-
! grafton Bureau Order Hevoked.
! Il. A Taylor. Assistant Secretary Of the
Treasury, has taken action to prevent the
Immigration official from excluding from
/ this country Earl Russell who was con-
victed by the English House Of Lords as
"A bigamist and compelled 70 serve a tern
/ in the British prison as the penalty
/ According TO the ruling Of Mr. Taylor
Earl Russell viii not be barred out Of the
United States as convict, for the reason
that he obtained a divorce in Dakota be
fore remarryins. and is not. therefore.
guilty OF the crime of bisamy in the eyes
| OF the American Government.
The Office Of the Commissioner Of I'm
migration recently received from Horace
( J. Smith, Of Philadelphia. a communica-
/ ton in which he called the attention Of
the officials to the intention Of Earl Rus
I sell to come to America. Mr.. Smith, IL is
said. is relative Of the EarIs divorced
I
migration authorities was 10 call their
attention 20 the fact that, under the laws
OF the United States. Earl Russell should
( be denied admission 20 this country be-
cause he had been convicted Of a crime
involving moral turDitude-" Mr. Smith
/ In his communication referred to the act
/ OF Congress Of March 3, 1881 as governing
! the case.
For Information the immigration inspec-
! tors at the various ports of entry in the
United States were advised Of the com
I municatlon by the immigration authori-
/ ties here. and advised 70 submit the mat
/ ter 20 board Of SPECIAL enquiry. should
I necessity arise.
/ Mr.. Taylor. upon hearing OF the matter.
| directed the immigration authorities to
/ recall the letter.
! Mr. Taylor said that. according 10 news
( paper accounts. Earl Russell was legally
/ free under the laws Of this country to
contract a second marriage. He said that
I Earl Russell WAS divorced in Dakota. and
/ was therefore at liberty to remarry. no
! matter what the Eugl sh courts had 10
| say about the matter AIr. Taylor further
/ stated that the department. does not be-
/ IieEe that Earl Russell is guilty OF an in
/ famous crime involving moral Iurui-
/ tude" in the sense Cf the act Of March
I , 1891
I notwithstanding the conviction in
/ England. the Treasury Department holds
/ that Earl Russell should not be debarred
i from entering the United States as ne did
l not commit a crime against the laws of
| the United States.
! THE latter contention seems faIa-
/ cicUs, said an attorney Of the Treasury
! Department in commenting on the case
/ today. 'inasmuch as a foreigner in q for
{ eigu land cannot commit a crime against
: the United States. The act of March 3.
/ 1891. was framed for the purpose OF ex-
: Guiding all those included In its provisions.
Z who had been convicted OF the crime in
dicated in the act. but IL did not invest
the authority I'm the Treasury Depart
4 ment 70 constitute itself court Of re-
( view and pass Judgment on the findings Of
/ any foreign court It Is entirely wrong
/ 90 admit Russell IL is establishing a very
/ dangerous precedent The law is plain
! and explicit and does not permit of any
/ doubt as 70 its construction and appIica-
/ ton"
Mr.. Taylor said that. unless there
! should be some other reason for Earl
/ RusseITs exclusion. he should not be de-
tanned on his arrival in this country for
/ examination before a court Of enquiry
/ Mr.. Taylor stated that he had no lnowI-
/ edge whether Earl Russell intended to
! come To this country or not. He said il
( was not customary 60 decide on the ques-
/ tion Of a persons right enter this coun-
| try before he or she or they were actually
/ demanding a landing.
/ The act OF March g, 1891 says
/ .AU idiots. insane persons. pauuers. or
/ persons likely 10 become a public charge
/ persons suffering from loathSomc or a
/ dang rClS contagious disease. persons
1 who have been convicted of q felony or
I other Infamous crime or uisderueanor in
/ Volving moral turpiJude. pOIyga mists. and
I also any person whose ticket or passage
: IS paid for with money Of another or who
Z Is assisted by others 20 come. uuIess il is
/ dttIrmatlvcly and satisfa ctorily shown on
] special enquiry that such person does not
} belong 20 one Of the foregoing excluded
J classes or 20 the class Of contract labor
J crS excluded by the act Of February 70
/ mo but this section shall not be held to
{ exclude persons living In the United
T states from sending Tor a relative or Il
I mend who is not Of tive excluded asses
( under such regulations as the Secretary
/ OF the treasury may prescribe PROVIDED.
| nat nothing in this aCt shall be con
/ sJrued {" apply TO OF exclude persons con-
/ Flctfd or political offence n0tv-ith-
standing said political offence NAV De Ges-
I lEndJed as a felony. crime. Infamous
crime. or miSdcmeanOr involving moral
/ turPtud" by tho laws Of the land whence
Z ne came or by che court COuyictfuu