. : ,Inc1'e CumtINGS,:
Oourt, 8. D.New YerM. Auguat18,:1887.)
1. IMMIGRATION-UNDER CONTRACT TO OF ACTS.
The act of congress of February 26,1885, and the'amendment thereto of February 23,1887, clearly prohibit the immigration of aliens under a ,contract to labor in the United States, and an immigrant nnder auch a contract may be prevented from landing. Th,e claim that only the peraons soliciting or encouraging the immigration' are affected by the acts cannot be sustained.
An immigrant arri'l'ing,in this country, under a,contr,ootto, labor on a da,i,ry farm, the product of which, or a part thereof, forms ,an article of dise that competes with others in a similar 'b!lsiness,' and whose passage nere has been paid by the agent of the employer, is nat within the exception under the act of of 1881$, § 5, which providel\ that the prohibition therein con,tained shall not apply to persons employed strictly as personal ()r domestic servants, etc. ' 3. SAME-EFFECT OF COLJ,EOTOtl's DECISION-SECOND'HEARlNG. The decision of the collector upon the 8tatUIJ of an immigrant whose right to land in the United Statet;l is c1)allenged on t1)e gro!lnd that he is nndl,'lr a contract to labor, is coricillsive, and not open to rev.lew in the courts on haM@' C01'1lU8, if there wali competent evidence before the collector on which to exercise hisnfudgment; and, if habeas corpUIJproceedings are resorted to. and facts not previously placed before the cClllector 'therein disclosed, the whole case may' afterwards be again presented tothe,collector. ' .'
2. SAME-ExOEPTION OF PERBONALAND DOMESTIC SERVANTS-FARM LABORER.
Writ,of.Habeas Cory'U8.' I ;. Harrington Putnam, for Qummings. Stephen A. Walker, U. S. Atty., and Abram J. Rose, Asst. U. S. Atty.,
for the collector. LACOMBE, J. The relator, Matthew Cummings, is an alien, and arrived here on the steam-ship Anchoria.Before sailing, a contract was made through one Latt..1, on behalf lawyer of Flemingsburgh, Kentucky; that Cumn1ings 'was tei labor for him in Kentucky asfa,l;'Ill serv,ant or dair,Y, ,a"n",l, .and the passa"g",e m,', o"ne,Y,' o.f Cummings and m his rfumily was paid by,'Latta··' . dairyIl;lan'; ,the relator wO!1ld have charga of aher<l of 25 J erseYis. collectPr, t11>On the facts pefore him, has determined that Cummings was prohibited from landing, under the act$ofcongress of February 26,1885, aqdFebruary 23,1887., Under stipulation, the immediate return of CQmmingswas delayed in order to allow of the presentation ofadditional facts' as to character ofservice he :was to. render, which (apts have,beElll interrogatories to his employer in Kentucky. In behalf of the relator it is (', : 1; That 'the act contains nopuni,shinent l,tgainst the immigrantjthat no person other than those .soliciting andeticouraging the immigration are :within the. theb,ctj and that, therefore, the amendatory8.ct ofl887, whicb.Qlliects that thei.mmigrantsshall be eeI:l.t back to the nations from which they came, provides 11 penalty for one who has committed no offense, and is therefore void., The acts are inartificially drawn, but, interpreted together, they plaInly indicate an intention on
the part oicongress to prohibit the immigration of aliens under a contract to labor, and, in view. of the phraseology of the title to the act, that body seems to have prohibited their l!'tnding with sufficient clearness. 2. The relator further contends' that he is within, the exception of the fifth section, which provides that the acts shall not apply to persons employeq strictly as or domestic servants. 'There was before the collector when he made his decision, legal and competent evidence of facts on*hich to exercise a jridgment as to the status of the relator. Under these circumstances, the matter being within the. jurisdiction of, the collector under the act, further considerl),tion of the case might be dispensedwith tinder the authority of In re Day, 27 Fed. Rep. 678, and there, ' Upon all, .the proOfs, however, as. well those which were before the collectoras·those since supplied through the answers to interrogatories; I am bfthe opinion that the relator is not within: the exception; because it appears that his labor will (in part at least) be devoted to the production of merchandise (the surplus dairy products of the herd 'b¢ing sold on the market) whieh competes with the products of, o'thei's, Whose, erHre atteIltiqp. to manufacturing such products. Manifestly, it was the intention of congress to exclude immigrants coming under contrttet', to perform such 'labor. The facts answers to .the 'ihterrogatories, however, have never been disclosed by placed before the collector, and therefore, under the authority of In re Day, Z7 Fed. Rep. 681, the whole case may be llgain presented to him, if the relator so desires. Ordered accordingly.
. ' 1,'
(Jourt, " , Minneaota. August 29, 188'7.) D. . " ' , ,
A 4,ellPsite? in the letters in.closed it:l en!elopes to a debtor, on \Jne of WhICh was mdorsed: ".Carry me back m due tIme to - - , 'the Regrtlator; ifdr pUblication, 82 South Washington, Minneapolis, Minn. Persons. wh9 wool rUS ,to collect from'DEAJ) BEATS should send their accounts to 32 sou.thIMinn'eapolis, Minn. Send five cents to insure letter to the critter;" and on another: "Return in 10 days postage for'a to -'-'-'-, the'ollector of BAD ,DEBTS, '39 Washington Av. S.· Minneapolis, Minn. I am loOkiJ,l?, for an OLl> BILL. The DEAD-BEAT COLLECTOR hires tbem up.,' He It postal card addressed to the debtor, me to conts;'ining thefoIlowinA' writing:''''Sm: Considering how near you can come to fill a bill, I have decided to post you on all DEAD-BEAT lists I know of in the city, and have accordingly gir.en .the.diJferent agencies a chance at you." He!d, that the was not liable to prosecution under Rev. St. U. S. 889:l, as,:amended,m9,king it any person to deposit in the mail any "letter upon the envelope; of· whicD, or postal card upon which, indecent, IIHyd,oQlio\lne; or lascivious epithe,ts, ,terms. or language mar. be writt,enorprinted. " as the stat.u,te was intended to exclude from the maIls billy such writingfl as were impure or immodest, and tended to corrupt , morals;of the people. .
Petition, for a Writ pf Habeas OOrpU8.