The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1911-07-28
IMPORTANT CASE
Marks OPENING
rfnsF mnAnrNa N Tffn NEW
ouARrERs o. rim rrD
nRAS COURT

(from Thnrdays Adyeriintfl
OF no fman Importance. particularly
a. u may affect future Legislation in
congress, was the hrfi case to come
before the United States district court
since it moved to Sc new quarters In
the block adjoining the Japanese con.
suiats, corner Fort street and Bere.
tania avenue. This case, which came
up yesterday at two o'clock before
Judge Charles F. Clemens, was the
habeas corpus application Of saekichi
Tsuii, a Japanese, who was refused a
landing hero by Raymond c. Brown,
inspector Of immigration, because of a
conviction for crime involving moral
turpitude,
J1dge Clemens reserved his decision
and intimated that If the attorneys
District Attorney R. w. Breekson for
the United States and ]. Lightfoot for
the Japanese-wished to present any
further authorities he would be pleas.
ed to consider them. He adjourned
court until Saturday morning at tea
O'Clock, when it is expected he will
hand down his decision.
Important Questions.
Attorney Lightfoot, for the petition
er, raised questions as to the jurisdic-
ton of the court ana whether the
actual crime for which Suekieni Tsuii
was convicted here could be taken into
consideration.
District Attorney Breckons, in his
address, dwelt upon the great endsav-
ors which Congress has made to enact
try persons convicted of the despicable
offense to which the Japanese confess
ed when indicted some years ago. His
remarks lead to the inference that the
case viii be carried to the United
States Supreme Court, if necessary,
and may lead to further amendment of
the laws governing aliens who re-
turn to the United States after q visit
to their native country. '.e
Suekichi Tsuji, who was in eo1Tt
in the custody OF one of Inspector
Brown IS men, showed SO little interest
in the proceedings that he slept for
part of the afternoon but the vigorous
tones In which the district attorney
spoke of him appeared to rouse him,
though he probably did not understand
what Mr.. Breekons was saying. This
was lucky for him as the district at
torney placed him among a class Hthe
most despicable on the face Of the
earth.
DO Acts Apply2
Attorney Lightfoot argued that the
immigration acts do not apply to one
who has been ones admitted to the
United States and has temporarily de-
parted with the intention Of returning.
Therefore he maintained, that his client
could not be treated as an immigrant
and as it was only immigrants to whom
the undesirable clauses applied his
client could not be placed as among
the excluded class.
He stated that the petition for the
writ of habeas corpus sets forth that
the Japanese came to the Territory
and was duly admitted in 1906 and
thereupon established his domicie here
In 1910 he left on visit to Japan with
the intention of returning to his domi-
s ellie, and arrived here in June last. He
was prevented from landing and order.
ed deported. The reason for this &C
ton, as stated in a return presented
to the court by Inspector Brown, was
that tho petitioner bad been convicted
of an offense involving moral tur
pitude, under section two of the i'm
migration laws of Jaly, 1907.
Jurisdiction Questioned.
"There are two questions involved
in this case,'' said Mr.. LightfoOt
"The first is as to the jurisdiction Of
the federal courts to entertain an ap
plication Of this nature in habeas corpus
when the requirements of the law have
been complied with by the immigration
thorities being adverse TO the, immi
grant and his deportation ordered, ant
no appeal having been taken to th'
secretary Of commerce and labor a
provided by law.
"The second question Is 40 to th'
right OF an alien to land after he hal
once established his domieile in th'
United States, our contention beini
that when an alien has once establishs,
his domicile and has been lawfully ad
mitted to the United States that the
he may leave the United States temp0ra
rily, providing he does not abandon hi
domieile and providing he leaves tn
United States with the intention o
returning; that in such ease he doe
not coma within the provisions of tn
immigration laws and regulations o
July, 1907, OF any other immigratio.
law In other words he is, in effect
what is classified as a nOn-iHimi gran
alien and therefore the provisions 0
section two of the act, excluding ce;
tain undesirable persons, inelpdi1
criminals, do not apply r. him.
NonzImmigrant Alien.
sour contention in brfsf is, that b
reason Of the establishment Of a don
ieile by tho petitioner here, he is
non-immigrant alien and does net com
within the excluding clause, in fac
Aho s,,,,,, tcrro ftot lame IN mt aunIu I