New-York tribune., 1909-07-16
ALIENS ALTER PETITION
CHARGES IN TEST CASE.
Commissioner WiLliams Returns Nth
Forecast of Shoke-Up.

TjttIa progress was made in the United States
Court Yesterday when Max kohler and Abraham
7 Elkus appeared before Judge Hand TO make a
test case of deportation Of four Russian Jews
They had sued out writs of habeas corpus for then
contending that they had been unjusty detained on
Ellis Island and ordered deported because they had
not S25 each.
Mr. KobIer started the ball rolling by declaring
that Commissioner Williams had established a
tenn of intimida ton over all his subordinates and
that the men who sat special boards OF inquiry
we're afraid decide their merits Judge
Hand interrupted him. saying
You to that this board Of special IN
auiry is free board?'
Yes"
Kohler mentioned a letter by Bryon Uhl. as
acting commissioner. June 70 Secretary NaSel
and declared that letter would show that reports
were sent 70 the Washington immigration authofl-
ties which were not borne out by the records here
After much wrangng the continuance OF the near
ing the habeas corpus writs Was set for yeste'
day afternoon at o'clock.
Judge Hand said he would have to know the
facts on which the accusation against the Connhs-
soner based. and even then he doubted II L
were question for judicial inquiry. Mr. EIkus ana
Mr.. kohler contended that the proof they Would
present would justify its consideration in con-
nection with the habeas corpus proceedings. but
Assistant District Attorney Walton. representing
the government, declared the accusation was
ridiculous
Commissioner winia1ns's alleged requirement
denounced by the counsel for the aliens as being
contrary to the immigration laws. Judge Hand
who Is sitting in chambers, suggested that any
such charge practically amounting 10 one Of dere-
licton OF duty the part Of the commissioner.
would probably be better settled by a referee.
though further consideration he thought there
federal fund available for such reference
expense Mr. Elkus said then that. If necessary.
he would be responsible for the expenses Of a ref
erence.
On disposition Of the Of these four aliens
will deperd that Of tho eight hundred-odd aliens
held at Ellis Island.
The amended petition for the four aliens vas put
in the hands of Mr.. Walton shortly after ? o'clock
At o'clock. however. when Judge Hand again
resumed the case. the Assistant United States At
torney had not been able TO finish his amended an
swer. and Judge Hand agreed that further consd-
Grafton of the go over till this afternoon
In the amended petition for the four Immigrants
Hersch Skura towski. Nechsnlie BaitE Gershon Far
Der and Meyer Gelrc.-is given the substance OF a
letter from Commissioner williams 10 Samuel
Mason. Of the Hebrew Immigrant Aid Society. under
date Of July Il. the closing passage Of which reads:
T. YOU are xPgeBns Ing to compel d 5 5bs be-. Tsatns soTB 0f 9ro
ceedings I assure YOU that you will NOT succeed
reNefs shall now allow these court proceedings 70
take their course. After they are disposed OF;
shall consider your application for rehearins, but
not before
Commissioner Williams who has been in Wash
lnEton for two days. returned 70 Ellis Island yes
terdsv and had few things 10 say about the -
organization Of the personnel Of the immigration
bureau. He said that some time before be assumed
the conmssionership the officials in Washington
had decided spon a rearranEarent Of teh employees
and that he would put the plans into effect The
Commissioner said he would not mako wholesale
changes al at once but would shift men to places
where their efficiency merted and raise salaries
also according TO efficiency and merit
he said his first shift would involve about thirty
men. ranging from inspectors 10 deckhsnds on the
immigration ferryboat The force at Ellis Island.
he thought should be larger to give the exactng
examination of aliens demanded by the statutes.
and Will recommend thar the force be increased
The Commissioner referred 10 the misinterprets-
ton Of the s. requirement, and when told that
there had been protests from certain quarters
that special class OF persons were neing diScrlm-
mated against. said;
THAT IS not so. In this connection ] wish again
to dpnv as have before. that there Is any hard
and fast rule To the amount OF money an incom-
ing alien must have Right people. those who
show that they are able to work and have a pros
meet of getting it, will be admitted with little
money. Those who likely to become public
charges Will be ordered deported, no matter how
much money they may have.
Canada has a fixed rue-S25-fo- any allen land
ing and We must Insist that those landing here
on their wav to Canada have that sum Other
wise the alien is likely 10 become public charge
or the city or state Of New York For an alien
OF the AsIatic race eto land in Canada he must
have a sum of 500 This is hxed by statute
The Commissioner showed letter from Super
irtendent RIatchlv OF the Charity Organization
Society congratulating him on the enforcement
OF the immigration Law. Commenting on the letter
the Commissioner said.
II have made a request of Mr.. Rlatchly to re-
mort 10 me weekly the and address Of
every alien who applies for assistance 1t VIII /
be only short time when thd steamship com /
nanies and the relatives Of the intending immi- |
grants will that it is for their own benent that
Iay- gtr
Asked how the officials in Washington stood in /
the affair. the Commissioner said
we are 4 unit the plan that IS being carried /
out Right people are welcome. The others are |