The Birmingham age-herald., 1913-01-17
An Undesirable Immigrant,
According to American
Immigration Laws
OFFENSE INVOLVES
MORAL TURPITUDE
Secretary Nagel Gives Final Decision.
Only Appeal to the Courts
Can Now Stay His
Deportation

Washington, January 16.--Edward F.
Mylius, the journalist convicted in
London of libellng King George, for
which he paid a penalty of 10 months
lin prison. was ordered turned away
from the gates of the United states 10
Iday by Secretary OF Commerce and
Labor Nagel, as an undesirable immi~
grant within the meaning of Americaa
immigration laws.
The cabinet Official held that Myllus'
offense was crime involving moral
lturpitude, which barred his admission
He denied the contention that it was "A
purely political crime, excepted by the
statutes. only appeal TO the courts
now can stay Mylius deportation,
Il cannot assume said Secretary
Nagel in his decision. that a law which
excludes anarchists and persons vino
advocate tho overthrow of government
or the assassination of public officials,
was intended to admit the publisher OF
a false charge of bigamy simply be-
cause he advances political purpose
or motive for the act, or because the
| false charge was directed against a
king among others. or because the
court In which the trial was had re-
garded the political aspect of the case
as an aggravation of the offense.9
Seditious Libel Claimed
Proponents of Mylius advanced the
defense that he was convicted of sedi-
tious lbel--a political crime-that his
trial In London had been a farce; that
in circulating a story attacking the
honor of the King of England he was
aiming a blow at monarehical govern
ment in the interest of republlcanism
which should make him welcome
visitor TO a free country.
The alleged libelous story. published
in the Paris Biberator, and for the dis
tribution of which in England Mylus
was convicted, charged that George V.
when a prince, contracted a NOR
ganatio marriage in 1890 with the
daughter of Sir Michael Culme- Sey-
mour, an admiral of the British navy.
now the wife of Capt Trevelyan Ma
pier.
In ordering the deportation of the
Journalist, Secretary Nagel was con-
fronted with the unique situation that
although Mylius was not eligible to en-
ter America, he was not barred from
returning to England, where his al
legged crime was committed
1T is admitted" said the Secretary.
that this alien was accused of having
published libel charging the King
with bigamy that he was tried before(
la jury. convicted and sentenced, and
that he served his term. 1t cannot be
doubted that the offense for which the
allen was convicted is of the character
described in our statute as a ground
for exclusion.
Moral Turpitude Involved
The only question left for discussion
is, whether the offense should be re-
garded as purely political, not involy-
ing moral turpitude. and therefore
meets the exception in the statute.
i Primarily false charge of bigamy
Is common crime. In this instance
that charge was directed, not only
against the King. but by Inference
against Mrs Napier. While a convic-
tion in properly constituted court of
a civilized country is for all purposes
conclusive upon us i'm the consideration
of such cases, it Is proper to add that
the alien admits the circulation of the
libel, that upon the trial, no evidence
was offered to substantiate the charge.
and that Mrs. Napier, her father AMI
her brother, and other witnesses, testi-
fed without contradiction or cross ex-
animation to its entire untruth. The
sole argument so advanced in favor OF
treating this onense as purely politi-
cal one is that the writer of the article
In Paris and Mr.. Mylius In England.
INTENDED 1t as an attack upon a phase
of monarchical institution, and In
Ijustifieation of good morals and true
IIellBloni ana tnat the crown In its
proceeding treated it as d political Of
fense.
Il have not found clear defination
lof political offense.' The accepted rule
seems to be that. to constitute a polit-
ical offense, 1t is necessary to show
something In the nature of concerted
action"
/ The alleged crime lacked this charae-
ter, the Secretary further said, and was
mot part of political controversy an
uprising or a common movement. bur
Mylius depended entirely upon his
avowed motive or purpose to give his
act the required political character.
IF such contention is to be ac-
lcepted, added Mr.. Nagel there is no
lcrime In the calendar which cannot be
provided with the proper coloring by
the offender himself"