The San Francisco call., 1904-02-02
APPEAL COURT
DECIDES CASES
De Haven Reversed in Two
Instances and Judgment is
Affirmed as to the Others
CAPTAIN MoFFITT' WINS
Peculiar Opinion Given ins the
Matter of Escape of, an
Unwilling Alien workaway

Judges Gilbert. Ress, Morrow and
HaWley opened the February sessicu
Of the Uaited States Circuit Court of
Appeals yesterday moEping and .handed
down the following opiniehss
Samuel II. Mcf5tt vs.. United States;
Northern District OF California sIudg-
ment OF District Court reversed
Mohltt Is master u the British ssea-G-
ship TUcapel and was INDICTED oy the
United States Grand, Jury fors having
allowed to escape from the vessel an
alien named Rodrigo MsGqusz, who. Wa
not entitled 10 lana "a Shis cGunsry.
Marquee was frIlir ps.ddler in Aldazdt-
ian, Mexico, ard was unintenf tonaliy
oveIca rried" TO this country on 'eae
TucapeL de wss e. to work sheNsellng
coal IS "worlNav ay.o, The vessel ar
rived at San FraEcisco, June aSl, 1901,
with MErOuez on board. Sse said he
Cd not want TO la,2o, but desired TO be
returned 20 Maza-4ag sas soen as pos
slble. AfarQuez vas n%t locked up and
jest before the steamer LEFT THIS city
on her s5uthern trip fse LETT tie ship
without the knowledge sors .pers1sssion
OF The defendants c. Of the cffeesrs OF
the iuIui grafton bIIeau.
Judge &c HaveI 0E she lower ccqIrt
declined 10 instruct the jIry, as re-
quested b. the defendant, taat s-he in
uALLLs EnL' Ad4leQ I'd set OuL luaL-1ls QQtA
was All alien Immigrant and that s.here
could be no conviction unless the in
dictment set fcrtls tiiaS fact NoIs does
he Indictment show sn N3lat respect
This alien was not lawfully eIStitleoo 10
enter the United States. It wase not
shown in the ind'ctirept that he did
not come here as sas immigrants but
was involuntarlly carried keres Tsle
jury returned a verdict Of guEfy and
Moihtt was sentenced tc pay line Of
500.
Judge EIawley, IL rendering the: Joplin
ion Of the United States Circuit Court
of Appeals, said that from. the agreed
statement OF facts it I'D not appear
thsr MARQUEE vas All ssliero Immigrant
who left a foreign shore 70 come 10 the
United States. for the purpose 90 be
coming a permanent resident here.
Notwithstanding tie notification
given 10 the plaintiff IN error not tc.
lard Marquee until PERMISSION was OBJ
tai1ed from the COmmissi0ner c. Immi-
eratiOn, MARQUEE wass no-. an immi-
grant within the meaning ana intenI
~ the ac- under considerati5n and Sne
plaintiff ir error was not reQGired 10
put him I'm irons or keep him uSder
guard TO secure his return uSon one
steamer. The DlaintiF in error was
not tried upon an Indictment charging
him with prevent.nE- ar, ssnmiges lion
y.
Judgment Of tie District Court re-
TCrsed.
Alaska Steamship Company vs.. John
T. Collins: District Of Alsska-Tudg-
ulent affirmed, with cOsls
Northwest Fixture COmpanSs bark
rupt Us. KilbGurne & Clark .Cctapany:
" Washington-Orde' 0fs District Court
affirmed.
Riley Noah and Frans5 Hayes IS. sSle
I0.ted States Of Auseffca. Northern
District II CalifOrl.iss-TudEment .o0
District Court affirmed
The steamer Daunsssss and Unior
transportation Comsany VS.. Shaae1n p.
Doane-JUdgmepl Cd District Ccilrt re-
Versed.
Union Transportation Comgapv VS..
". ?. Kent; Norther7s District OF Cali
fornia-Decree Of Distsict Court
affirmed.
James Il Shour rs. Aptone Marks.
Alaska-Judgment Of District Court
affirmed.