New-York tribune., 1902-08-13
LAWS on ELLIS ISLAND
AN ITALIAN ROMANCE WITH LEGAL COM
PLICATION.

An interesting question of jurisdiction is to
up for argument before Judge Lacombe August
% 1t concerns Ellis Island and the legality of
marriage contract between man who has lived in
this State than four years and a woman who
has not been admitted to the country Under the
laws of this State legal contract was entered
into between the two The contract was intended
as an instrument to get into the country i'm
migrant who had been ordered deported Ellis
Island is United States property. and under the
immigration laws no immigrant has technically
landed until he or she has been released from Ellis
Island Should child he born on Ellis Island be
fore the parents had been admitted TO the country
and they should ultimately be deported the child
would have no claim to citizenship in the United
States which this country would recognize. On
the contrary, should the parents he admitted the
child could claim citizenship. The question in
voIved in this case is whether the laws OF New
York are operative on Ellis Island. which is gov
ernment reservation and governed by federal laws
which make no provision for marriage
The circumstances which furnish the basis for
this peculiar situation form a romantic story
When Luigi Burgio over here four ana
one-haif years ago he left behind him in sunny
Italy a rosy .eeked, dark eyed girl named MARIA
Lazara tn whom he had plighted his troth
Il will come back for you or send for you. ne
promised her she bade him goodby. All
ask IS time TO get a start and prepare nome
to bring you in the new land across the sea
Burgio landed in New York and joined the Italian
the East Side. In the course OI tILIt He
had accumulated sufficient money for his purpose
and early this year wrote 10 his sweet theart 10
come over here. sending her the necessary money
for the Journey and TO buy her wedding fnery- He
intended her to come d second class caoiil
passenger but realizing how Luigi had shaved ana
saved to prepare a home for her she C@teI IllIel
not to be outdone in self-denial, and took the
cheaper passage offered to St%eraSe paS>tIlSt :
This was the beginning of their troubles. On her
arrival here in July she was taken 10 Els lsidiio f
She was found TO be suffering from a disease OF
the eye for which not few immigrants ar 1 Gr
ported every year. 1t decided that the glrI
must be deported She was TO return 10 Italy Oh
a ship sailing this week
Meanwhile Burgio secured the services of no
tarv public who went to Ellis Island and drew up
a marriage contract between the two which. WheIi
signed and acknowledged by Luigi and Maria, con-
stituted a legal marriage under the laws OF New
York Armed with this document. Burgio en-
listed the services of J. I. Roberts. a lawyer. at
No 63 F,im-st and through him applied United
States Commissioner Shields for writ Of habeas
corpus for his wife. who. he COntended. was made
an American citizen by he marriage. and was
being illegally detained by the immigration author
tiles This writ was served on commissioner W III
Jams. who Immediately forwarded II To Washing
ton for instructions
Commissioner General Sargent replied that. under
the United States immigration law. the woman was
within the country when the marriage was en-
tered into. and consequently "a marriage contract
which would be valid under the New-Hork laws. II
the parties both within the State. could not
affect order OF deportation. and the CoTnTniS-
sioner General advised Mr.. Williams allow
the woman land. The haheas corpus case Is TO
be heard before Judge Lacomte on August 20