Evening star., 1926-02-16
Exclusion Believed Upheld.

While officials We're nor-commitIal
on the recommendation of the board,
which Yesterday heard counsel for
tie countess argue for her right to
cn1er the United States, a definite
impression existed at the department
that the exclusion order entered by
inmigrat ton inspectors at Ellis Island
had been upheld by the board and
Would be indorsed by the Secretary.
The immigrant ton law of 1917 pro-
hibitS the entrance into the United
States OF any alien who is guilty
OF an act involving moral turpitude.
Several days ago Labor Department
officials said there was no question
a.: 10 the law in the case and that the
Countess on her own admission of
such acts, mandatorily would be ex-
cluded under the law. Attorneys yes
terday argued that inasmuch as the
acts were committed abroad, the
United States law would not apply.
Since then there has been nothing to
indicate d change of attitude.
Meanwhile, the Earl of Craven,
named as correspondent in the divorce
suit brought against the countess in
England more than a year ago by
her husband, the Earl Of Cathcart, is
in Montreal, Canada.
The Earl of Craven arrived In the
United States in November, 1925, and
has been lavishly entertained in New
York.
Handling of the case directly by
Secretary Davis was said at the de-
partment to make futile efforts of
counsel for the countess to take an
appeal direct to the Labor Secretary.
May Go to Supreme Court.
Efforts of the countess to get into
the United States may take her case
to the Supreme Court of the United
States and involve a test of the sec
tinn of the immigration law regarding
acts involving moral turpitude. de-
partment officials explained. While
The Department of Justice has taken
no part in the case so far, If an ex-
clusion order is affirmed by Secretary
Davis, counsel for the countess may
turn to court action to secure her ad-
mission.
Counsel according to Assistant Sec
rotary of Labor White, could apply to
n Federal Judge in New York for a
writ of habeas corpus, which, if al
lowed would permit the release of the
countess on bond. a hearing would
then be granted, and if the decision
of exclusion was again affirmed, an
appeal could be taken. In this way,
appeals taken from decisions of lower
courts, Mr.. White said, could take the
case to the Supreme Court of the
United States.
Mr.. White made it plain that any
court action taken would necessarily
be based on the law in the case and
that once the Cathcart case came
before the courts, the Labor Depart
ment would withdraw.
Early Decision Expected.
While members of the board of re-
view We're examining the evidence
and writing a recommendation for the
guidance of the department heads,
Mr.. White said early action in the
way of a decision might be expected.
The recommendation of the board will
he reviewed by Mr.. White and Sec
ond Assistant Secretary Husband, and
transmitted to Secretary Davis.
The Cathcart case, because of the
prominence of the persons involved
and the many unusual features sur
rounding it, has assumed great i'm
portance in the eyes of the Labor De-
partment, which usually handles such
raSes in a routine manner. While at
lorneyS for the countess argued the
case yesterday the halls outside the
hearing room were thronged with
women protesting against ''diScrimi-
nation" and n double standard Will
ton J. Lambert, her counsel, declared
the countess three times in her ad-
mission TO immigration inspectors said
the acts of moral turpitude complain
ed of had been committed after her
divorce had been granted.
The final decision will be made in
Washington, officials said, inasmuch
as an appeal has been taken against
the exclusion order issued at Ellis
Island. The case will not be sent back
10 Henry III. Curran, immigration
commissioner of New York for de-
Cision.
Women Hold Protest Meeting.
Barred from the hearing room in
which attorneys for the countess
argued against her exclusion, $50
members of the National Woman's s
Party held u protest meeting on the
steps of the Labor Department Build
ing yesterday and sent d letter to Sec
retary Davis demanding a reversal of
The decision of the immigration au-
thoritieS. Representatives of the
American Civil Liberties Union were
also excluded from the hearing ROOM
The letter sent by the Woman s
Party to the Labor Secretary follows:
"On behalf of the National Woma n s
Party we ask a hearing on the exclu-
sion of the Countess of Cathcart by
officials under your authority.
This case involves an issue far
larger than the admission or rejection