The Washington times., 1921-01-16
RUL|NGADM|TS.
CORK'S MAYOR.
Sec. Wilson Adjudges Him SEA
MANI and Not Liable to
Deportation.

Mayor of Cork, had served as an
oiler after he had been discovered as
a stowaway aboard the ship West
Cannon. Secretary of Labor Wilson
last night adjudged him a seaman
and held him not liable to deporta-
ton for entering the country in vio-
lation Of the passport act. The affi-
davit was sworn to by Emil Pezolt,
a seaman on the West Cannon
. DAVIS Is SILENT.
What the action of the state &c.
psrtment will be in the matter was
undecided upon by Acting Secretary
OF State Norman Davis today, but
after stating that he did not under
stand the decision OF the Department
OF Labor, he added that he would
take the case up with the solicitor
of the State Department the hrst
thing tomorrow morning.
By the Secretary Of Labor's dect-
sion O'Callaghan viii not be forced
TO leave this country except on
ship OF his own choosing, with the
provfso contained in the decision "un-
less the Secretary of State directs
that he be kept on his vessel
AS the West Cannon, the ship upon
which OCallaghan arrived. recently
put to sea and will not return to this
country for a month at the earliest,
II at all, IL Is considered unlikely that
the lord mayor will be held IN the
United States for such a period.
By the terms of the Secretary of
Labor's decision Judge j. NJ. Lawless,
Of Norfolk, in whose custody OCal-
laghan was paroled and who repre-
sented the load mayor as counsel in
his appeal to the Department OF
Labor. is required to surrender him
7, promptly to the officer in charge at
= Norfolk, Va. Upon such surrender 1t
4 Is directed that the parol be can
celed. OCallaghan will then. in the
language of the decision. "be per-
united to land for the purpose of re-
shipping on board any vessel bound
for any foreign port or place
CITES IMMIGRATION ACT.
The contention of the State De
partment that the Department of
Labor was without jurisdiction in the
case is answered in Secretary Will
sons decision by citation from
section 3 sof.. the immigration act
which provides the right of appeal
to the Secretsry ui Labor by any
stowaway rejected by board of
special inquiry. There is nothing in
the passport act or in the Presidents
proclamation relative thereto which
suspends or abolishes such right, the
Secretary of Labor contends.
The executive order of the Presi-
dent excludes seamen from the pro-
visions Of the law requiring pass
ports of all aliens entering this coun-
try, according to the brief submitted
by Judge Lawless, counsel for O'Cal
laghan, and the Secretary of Labor
agrees to such contention. In discuss
ing such provision in the Presidents
proclamation he states: 1.-THE per
sons ordinarily described by the
, term 'seamen' are persons who follow
seamanship as an occupation or who
have signed ships articles"
Il 1T il apparent" the decision
says. "that the Executive intended
to go farther and include stowaways,
. who do not follow seamanship as
an occupation and who have not
signed ships articles. or any per-
sons who, from any circumstances,
are employed on vessels that cruise
b en- tidal waters beyond the shore
= line"
D CALLS HIM SEAMAN"
"O'Callaghan having been employ
cd on the vessel West Cannon by
the master thereof, is a seaman
within the express meaning of the
term as defined in the executive or
der of the President issued pursuant
AN act to prevent in time of war
departure from the entry into the
. United States contrary to the public
safety
THE executive order is further
quoted by the Secretary to permit
the landing OF aliens arriving in
r. this country seamen upon their
application to the immigrant in
.pector and the submiss ion Of salts
Of fhnir of
y The passport act then states, he
says, that the immigrant inspector
may issue identity cards authoring
such seamen to land in the United
states, unless the Secretary of State
tirects that they be kept on their
vessels
ct Is clear therefore" Secretary
Wilson contends, that a passport is
not required H. the case of seaman
who desires to land in the country,
and the determination of his right to
T. land rests with an immigrant inspec-
tor. who is subordinate official of
the Secretary of Labor.
West Cannon, is a seaman within the
1T is hereby decided that Daniel
O'Callaghan is a stowaway, was en-
-ployed upon the American steamship
to the officer in charge at Norfolk and
meaning of the law, and, in accord
ance with the usual policy of the de-
partment relative to seamen, as au-
thorized by section SO of the immigra-
ton act. subsection Co of section TO-
. Of the Presidents executive order
above quoted. and the communication
from the State Department under
date of June o. 1920, relative to the
admission of seamen, will be permitted
TO land for the purpose of reshipping
on board any vessel bound for any
nioreign port or place, unless the Sec
0retary OF State directs that he be kept
on his vessel"
The acting commissioner of immi-
grafton Is directed by Secretary will
son to notify Judge Lawless to sur
render Major O'Callaghan promptly
"sTOwAWAY," RULING SAYS.
to see that his parole is cancelled"