Evening star., 1921-01-16
O'CaIIaghan's Status Deter
mined by Secretary of
Labor Wilson.
STATE Department
TO INVESTIGATE RULING
Acting Secretary Davis 'Surprised''
That Deportation Order Is
Disregarded.

Disregarding the order of depor-
tation of the State Department.. Sec
retary Of Labor Wilson last night
granted Lord Mayor O'Callaghan of
Cork permission to land in the United
States as a seaman" O'Callaghan
arrived in Newport News last week
without passport.
The lord mayor is permitted to
land for the purpose of re-shipping
on board any vessel bound for any
foreign port or place. unless the Sec
retary of State directs that he be
kept on his vessel" according to the
ruling of the Secretary of Labor.
Acting Secretary of State Norman
Davis announced last night that he
would order an immediate investiga-
ton of the ruling of the Department
of Labor by the solicitor for the
State Department. Mr.. Davis was
said to be "surprised' at the failure
OF the Secretary of Labor to recog-
nize the formal ruling of the State
Department ordering deportation of
OCallaghan for attempting to enter
the United states without passport.
VIII Await Opinion.
Until an opinion is received from
the solicitor, Secretary Davis said he
would take no action toward direct
ing that O'Callaghan be kept on the
vessel upon which he arrived in New
port News.
In granting OCallaghan permission
60 land to reship on a vessel bound
abroad, Secretary Wilson further di-
rected that the parole granted the
lord mayor by the immigration au-
thofitieS be Cancelled and that he
be surrendered promptly by his at;
torney. Judge Lawless. in whose cus(
tody he was paroled.
Judge Lawless said last night that
he had no intention Of surrendering
O'callaghan until his testimony had
been concluded before the commits
sion from the committee OF one hum
dred investigating Irish Conditions,
before whom he appeared fhis week.
1t was for the purpose Of testifying
before this commission that O'Callag-
han said he had come to the United
States.
surrender Not Necessary.
1t was further stated by Judge
1.awless that he had previously re-
ceived assuranccs from the Depart
ment of Labor that there was no rea-
son why he should surrender O'Cal-
laghan until the lord mayor had ac-
complished his mission Of testifying
on the Irish situation.
First indications of the conflict be-
tween the Labor and State depart
ments over the case occurred when
the lord mayor was paroled by the
Secretary Of Labor without consulta-
tion with the State Department after
O'Callaghan had taken An appeal from
the order of deportation found by the
immigration board in Norfolk.
At that time Secretary Davis sought
to obtain from Secretary Wilson
recognition Of the jurisdiction Of the
State Department in the case. argu-
ing that the wartime powers con-
ferred upon the executive branch of
the government gave the State De-
partment the right to exclude O'Cal-
iaghan for entering without a pass
port.
ConxideFed ms Seaman.
Arguing on the question of war
time powers. counsel for O'Callaghan
In brief submitted to the Secretary
of Labor contended that their client
came within the meaning of an
executive order of the President de-
fining seamen as those who follow
seamanship as An occupation or who
have signed a ships articles.
They pointed out in this connection
that tho lord mayor had been en-
pIoyed as q seaman on the voyage to
the United States after his presence as
a stowaway had been discovered by
the master Of the vessel. This argu-
mont was accepted by Secretary OF
Labor Wilson and included in the tex,
of his decision announced yesterday
Lord Mayor O'Callaghan was in
Washington last night. but declined to
be seen or to make a statement.
DUBLIN AGAIN DISTURBED