The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1911-03-02
.DEPORT WIFE
OF AMERICAN
Judge Pritchard Holds Trspeetur
Cannot Deport Arbitrarily C1r-
zen Without Giving Her Hear
ing In Court-Majority Of
Appellate Court Disagree 3

RIC MOND, VA. SPECIAL
/ The question whether an aliex w.
ma.,. Wedded to an American c5rtx.v,
and therefore herself a citizen. caT.
be deported by an inspector OF port
without a hearing before the courts -
involved in decision handed down
by the United States Circuit Court GR
Appeals here.
The decision Is TO the eject thsa
the action OF the inspector I'm the ESQ.,
Is final. Judge Pritchard fled q vsr-E
strong dissenting opinion. in the eoUnna
Of which he says:
I'm this land of liberty whero .
citizen Is entitled to the protectk01 -
law, one having become an Amsrfe1a
citizen. as this particular petitioner a.
leges, cannot be arbitrarily dep0rE1E
rom this country without being a.
forded an opportunity TO have haR
rights passed upon By the cOurtR~
If So" continues Judge PritcA2n&
In his opinion. 1T would be an easW
matter TO secure the deportation -
almost anyone for motives OF revuzEs
or interest
The case Is that OF the United statss
vs. sadie Sprung, an Austriaa-kNxn
woman. on appeal OF the United 6ta4ss
from the decision Of the Circuit CourG
at Norfolk. Judge Waddill. prestdfnG
and granting the woman her ilberfw
on a writ OF hRbeas corpuS IA
United States Circuit Court OF AR-
PeaAS reversed the lower court ~
was from this decision of the apps
late court that Judge Pritchard -
strongly dissented.
Sadie Sprung landed IN this country
from Austria fifteen years ago Ab~ua
ten years ago she married Otto SDrurur
and came TO Norfolk to live. Her -
tition alleges that she was arrested On
May 81 1909, by Inspector OF PoFR
Morton. on the order OF the Depz<a-
ment OF Commerce and Labor
ShR
inspector on the ground that she usau
a person of immoral habits and -
such was liable 10 deportation uzaIeE
act OF Congress.
The woman held that as the VzEsn
OF an American citizen she was g.
titled TO a hearing before the eou1An.
| Judge Waddill decided that she hnN
| that right and granted her a Nrsf -
habeas corpus. The Governments A.
/ pealed the case and the lower eSVSrE
was reversed by the appellate caurR
Judge Pritchard took the ErSunR
| that her marriage TO Otto Sprung vnm
| proven and that as the naturaltxafSs1
laws provide that any woman Ws0
becomes the wife of an Americzmsesa-
| izen and might herself be iawFuGF
! naturaltzed" becomes a citizen. SaSSu
| Sprung Is a citizen OF the I7nS4aG
| States with domicile In this c01IEnaEy
and cannot be Jerked up and deporS-
ed by an Inspector of port without n
4
Inspectors Prejudice in Case
| In his return to the writ OF habesB
| corpus granted by the Circuit Court
the inspector who had arrested an6
ordered the woman depOrtStso9.
said. among other things
THAT even II she had been uazz-
| ried 10 the said Otto Sprung. as STATED
| in said petition, which the underrsEu--
ed denied. that would not arfect her
| liza bility TO deportation az beiuz- q
/ person not of xnnd Unnra1 -
/ she would not be entitled to na1urz1-
ization as a citizen OF the UHlt1A
| States. ."
Judge Pritchard on this point stza.a
as follows:
1t should be observed thar g.
! foregoing statement clearly indtcaAsm
| that the inspector was OF the opinsou
| Notwithstanding the fact that Il rnE<a.a
De shown that the petitioner WAS thu
| vile Of an American citizen: thai GaeR
| showing on her part would nOt ~
lieve her from liability 10 dep0rfn-
| ton.
1T Is insisted by a majority OF TIA
court that there are only two In
! stances where the court below usux.xN
| have Jurisdiction 10 grant a. W.T. -
! habeas corpus; First. whepe 90
| pIeadingS raise a question OF law 49,
ond. where II alleged that the petS-
TONER cannot obtain fair and Iulpur-
| tlal trial before the Inspector Cau-
| siderlng the last proposition first dogw
anyone for a moment imagine that e.
petitioner could have secured a GAR
and impartial trial before the lnszos-
/ tor in view OF the statement sIs-e
| quoted? The fact that the inspert1r
IN the face Of the decisions OF thSJ
/ various courts, including JustIcs. FEzr-L
| ian. 10 say nothing OF the opinion az
| the Attorney General. is so reckless "a
| 10 state In his return that notwith-
| sanding the fact she was nnarrSeS -,
| alleged, still, according TO his n.afior,-
| or the law, this unfortunate vorsaw
! IS subject OF deportation-this stafsS>
meht within itself is enough to sive
! one an idea as TO the kind OF trsrf-
! ment the petitioner would obtain AZ
calIeo upon TO appear before him He
seems 10 be OF opinion that once a
! party is arraisned before him tas the
! petitioner IN this instance) il nsces-
sarlly follows that she should be de-
! ported Notwithstanding the fact thaf
she may be able to show that she Is au
american citizen by virtue OF har
/ marriage"