New-York tribune., 1909-07-17
SETBACK FOR ALIENS
LACQUER UyHhdra7cS Charges Against
Commissioner WHIiamS.

The case of the four detained Russian Jews who
are making an effort be admitted 10 this coun-
try through the United Statos courts co1ten1ing
that Commissioner Williams has constrained the
boards cf special inquiry at Ellis Island, was re
sumed Yesterday before Judge Hand Attorneys
Kohler and EIkus presented their amended petit
ton. which in substance contained similar grieV-
aaces outlined the petition for writs Of habeas
corpus.
a bombshen was thrown into the camp Of the
complainants when Mr.. Walton. Assistant District
Attorney. read a letter written by William Rlau
the attorney whose signed to the peti-
ton for the writs of habeas corpus 20 Commis-
sioner Williams Mr.. Blau explained in his letter
that the petition had been hurriedly drawn by MI
Kohler and Mr. Elkus and had been taken to him
to sign he about TO leave the city. Mr.. Blau
said he glanced over the petition casually and
signed it, but he did not know that Paragraph b
had specifically charged that the Commissioner had
intimdated and dominated the boards of special
inquiry at Ellis Island. Mr. Blau also said in his
letter that he had taken up the case reluctantly
and that if the paragraph referred to not with
drawn he would his relations with the case
In his letter he said:
ThG septlemsn at whose instance uRdertH2gos to
IeSe Gases among Whoh are 15heeoIentiy
GeTed IN me TO sign petition tor d Wits e OF ub6 had
not vet been deported such request being con
veyed To by Mr.. EIkus. I again expressed re
assurance that this course was pursued merely for
the purpose of defining the status of all these
petitions These petitions were not prepared IN my my
office but. as understood it, were hurrlediE
I was IN hurry and attached my signature to
assuming as / mad reason to that they were the
ordinary petitions for ha5eas corpus. had 10
knowledge that there was a statement IN sala pei
ton as aesSd in paFasaPn o sixth m name 9me %'F w be d
had I known of its existence.
The allegation referred to is contrary to my & &ex-
perience Ellis Island. My relations with you
asd with the members Of the board OF special m m
qury are of a nature which does not permit OF me
imputaton of any such motive or prejudice as IS
alleged in said paragraph lmmediatey gP3on Ne re-
ceipt of your letter communlcated with Mr. Ma
son and other gentlemen interested and requested
that the paragraph in question be at once win
drawn and eliminated from the papers. ana ndNt
no doubt but that this Will he done If my request
in this respect is not complied with shal at once
withdraw my name and my connection with the
regret very much the happening Of M this na inci-
dent, and have reason to believe that the para
graph in question represented only a legal con-
structon put upon the situation by the gentlemen
who drew the petitions but | am certain that no
personal reflection was intended
The amended petitions in behalf of the four
aliens contended that the latter had been detained
illegally because their landing had been con-
strained by order Of Commissioner Williams re
quring that the aliens should have S25 above their
railroad fare TO destination. Mr. Kohler's amended
petition also contained the allegation that the
boards Of special inquiry were free agents and
were forced TO render decisions not according to
their Judgment. but IN accordance with the
desires of the Commissioner.
Mr.. Kohler argued yesterday that in giving its
decision in the of Shirboski the board Of spe
cal inquiry had considered the fact that he was Of
Russian nationality and Of the Hebrew race. Mr..
Walton denied the allegation. and said that the
consideration of race and religion part of the
requirements Of the statutes but that no bias ap-
peared against aliens that account.
The case will be resumed this morning