The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-02-21
TO DEPORT WOMAN
DESPITE MARRIAGE

handed down was that of the United
States against Sadie Sprung, an ap-
peal from the Circuit Court at Nor
folk.
The opinion sustaining the immi.
grafton laws was prepared by Judge
Rose with a majority OF the court con
curing, while Judge Pritchard pre-
pared a dissenting opinion.
Judge Pritchard's opinion is a
lengthy one, and sets forth that Con
gress never intended any construc-
ton which would deprive an Ameri-
can citizen Of her rights.
Gives Facts In Case.
In part, he says:
In this land Of liberty, where a citi-
Zen is entitled to the protection OF
the law. one having become an Ameri-
can citizen. as this petitioner alleges.
cannot be arbitrarily deported from
this country without being afforded
an opportunity to rave her rights pass
ed upon by the courts. Unless such
BIO the law, thcn in a proceeding of
this character, it would be an easy
matter to secure the deportation OF
any native born American citizen, pro.
v!dcd witnesses could be found who
for motives Of revenge or otherwise
would be willing to give false testi-
mony upon which the inspector could
oClo ohSIl petoOi III pursuance OIL
the section under which 1t is sought
to deport the petitioner.
The petitioner alleged in this case
that she was an American citizen tenn
rorarily residing at Norfolk, Va; that
she was born in Empire. Austria. and
came to this country fifteen years age.
landing at New York, where she was
duly admitted by the immigration In
spcctor; that about ten years ago she
49, ~ e. --,.- u
American citizen: that on the gath
day OF May, 1909. she was arrested in
the city Of Norfolk by w. r.. Morton.
nm Inspector Of the Department of
Commerce and Labor, and that she
was being detained by the said in.
spector and incnrcerated in the city
jail and restrained OF her liberty in
violation OF he law Of the United
States. A writ of habeas corpus was
issued by the Circuit Court. and the
Inspector, in his return Of the writ,
among other things said:
That even If she had been mar
ried TO the said Otto Sprung. as stated
in said petition. which the undersign-
ed denied. that would not affect her
liability to deportation, as, being a per-
son not of good moral character. she
would not be entitled to naturaIiza-
ton as a citizen Of the United
States"
Judge Pritchard on this point states
as follows:
'It should be observed that the fore
going statement clearly indicates that
the Inspector was OF the opinion, not
w~ithstanding the fate that 1t might be
shown lat The petitioner was the wife
OF an American citizen, that such
showing on her part would rot relieve
her from liability to deportation.
1T Is insisted by a majority of the
where the court below would have jur-
isdiction to grant a writ Of haheas
corpus-first. where the %pleadings raise
a question Of law: second. where it
tain a fair and impartial trial before
the inspector. Considering the last
proposition first. does any one for a
could have secured a fair and impair
tIal trial before the inspector In view
of the statement just quoted? The
fact that the inspector. In the face or
Guiding Justice Harlan, to say nothing
Of the opinion Of the Acknowledgement,
Is so reckless as TO state In his return
mat ne TACT she was
his notions Of the law. this unfortun-
ate woman is 4 subject OF deportation
this statement within Itself is enough
to give ono al Idea as to the kind OF
treatment the petitioner would obtain
If called upon to appear before him.
He seems to be OF opinion that once a.
party Is arraigned before him Gas the
petitioner in this i~nstance), II neccs-
sarily follows that she should be de-
ported. notwithstanding the fact that
she may be able to show that she Ia
an American citizen by virtue Of her
marriage"
Question OF Citizenship.
On the question Of citizenship, Judge
Pritchard's dissenting opinion Is In
part as follows:
DOCS tho fact that the petitioner
was married to LII American citizen
invest her with the rights OF a citizen
of this country? Section 1894, Revised
Statutes. Is as follows:
ANY woman who is now or may
hereafter be married to n clifton Of the
United States. and who might herself
be lawfully naturaltzed, shall be deem
cd a citizen"
At this point several decisions OF this
Supreme Court and other courts are