Evening capital news. (Boise, Idaho) 1901-1927, 1913-01-04
CASTRO BRINGS
court ACTION TO
enter COUNTRY
Legal Proceedings Are In
stituted to Test Right of
immigration Officials to
Bar Him.

New York, Jan. 4--The federal
courts were invoked yesterday in be- /
half of Ciprano Castro and a writ of
habeas corpus was granted to bring
him before Il judicial tribunal which
may determine the cause of his deten-
tion at this port, 1t was alleged in the
application that the former president
iof Venezuela was being illegally held
at the immigrant station on Ellis ISL |
and here, where he has been detained
since his arrival on a French liner last
Tuesday, and the court will be asked
to sustain the writ and thus set him
at liberty.
The writ is returnable Jan. 10 before
Federal Judge Holt, who granted 1t
yesterday.
] castro Immediately upon finding his
right to land was being questioned, had
decided to return voluntarily to Ell
rope and engaged passage on the
steamer Amerika. Yesterday, how
ever, as soon as he learned the writ
had been granted. he Cancelled his pas
sage
The starting Of legal proceedings to
determine the status Of Castro, cane
~ a surprise for the former Nene2ue-
Ian executive had apparently given up
without especial regret his declared
intention of paying this country
sightseeing visit aud declared his de-
sire To return TO Europe as quick as
a steamer could carry him.
Visited by Attorney.
The PROCEEDINGS, It was stated Inst
night at the offices Of George Gordon
Battle. who applied for the writ, grew
out Of visit paid TO Ellis Island by
Arnold A. Content connected with Mr..
Battles law firm He reported 10 Mr..
Battle who advised a visit Mr.. Con-
tent stated thai after talking with Gas-
tro he believed the Venezuelan was be-
ing held ia violation Of the Enumeration
laws and that Improper Questions
we're being put II him in an effort 60
make him commit himself and thus
give specific cause for OBTAINING him.
If that proved necessary. 1t was then
determined to apply for the writ in an
Iendeavor to secure Gasfro's release. As
soon as the writ WIS procured a mes
senger hurried to Ellis Island and
served Byron II. Ehl, assistant immi-
grafton commissioner, With copy Of
the document
The granting of the writ does not
attorneys stated, give Castro the right
70 leave Ellis Island and he Is ex=
|, peeted to remain under detention
there unless other means are decided
upon to release him pending final
disposition of the case.
Claims Of Plaintiff.
The petition asking a hearing for
. Castro asserted that the attorney who
went to see him was granted
permission for an interview only upon
condition that he would not make
any suggestion to Castro by which the
! latter might make an effort to land In
) this country, and that when the law
2 yer gained access to the Venezuelan he
t was accompanied by u representative
l Of the immigration authorities, who
e remained present throughout the talk.
r II was declared that Castro informed
/ that attorney that he had desired and
I intended to visit this country for a
. period of about three months and that
: he still desired to make such visit
e The petition declared that because
G of restrictions imposed on the com
/ munication with Castro II had been
: impossible to secure his signature to
k the petition. The concluding para
Il graph declared that Castro was being
e detained without authority of law and
: in violation of his rights, privileges
!. and immunities under the constitu-
o ton of the laws of the United States
/ for the reason that he is not within
!. any of the classes excluded by Law
]. from admission to this country,
e On the date the writ Is made re
J. turnable arguments will be heard ane
the writ either sustained or rejected
If rejected. the attorneys intimated il
all probability the case will be ap'
pealed and carried If necessary to tn,
/ United States supreme court.
Il Use Holsum Bread because it's better