United States John Turner v. William Williams
Citation | 194 U.S. 279,48 L.Ed. 979,24 S.Ct. 719 |
Decision Date | 16 May 1904 |
Docket Number | No. 561,561 |
Parties | UNITED STATES ex rel. JOHN TURNER, Appt. , v. WILLIAM WILLIAMS, United States Commissioner of Immigration for the Port of New York |
Court | United States Supreme Court |
John Turner filed in the United States circuit court for the southern district of New York, October 26, 1903, a petition alleging——
'By reason of all of which facts your relator says that his imprisonment is illegal, in that he is being deprived of his liberty without due process of law, and is being denied equal protection of the laws, contrary to the Constitution and laws of the United States.'
—and praying for a writ of habeas corpus to the commissioner of immigration of the port of New York, and also for a writ of certiorari to bring up the record of the board of inquiry which adjudged him to be an anarchist and in the United States in violation of the immigration laws. The commissioner made return under oath, and also certified the record of the board of inquiry.
The return stated——
'That the above-named John Turner is an alien, a subject of the Kingdom of Great Britain and Ireland; that said alien came to the United States from England on, or about ten days prior to, October 24, 1903, as deponent is informed and believes.
The warrant issued by the Secretary was addressed to certain United States immigrant inspectors, and recited that from the proofs submitted the Secretary was satisfied that Turner, an alien anarchist, came into this country contrary to the prohibition of the act of Congress of March 3, 1903, and commanded them to take him into custody, and return him to the country from whence he came, at the expense of the United States. On appeal to the Secretary the record of proceedings before the board of inquiry was transmitted, and the Secretary held: 2
The hearing before the board of inquiry was had October 24, 1903, and it appeared from the minutes thereof that Turner testified that he was an Englishman; that he had been in the United States ten days, and that he did not come through New York, but declined to either affirm or deny that he arrived via Canada; that he would not undertake to deny that he had, in the lecture delivered in New York, October 23, declared himself to be an anarchist, which, he said, was a statement that he would make; and that the testimony of the inspectors was about correct. That evidence gave extracts from the address referred to, including these:
Certain papers were found on Turner, one of them being a list of his proposed series of lectures (which, when the warrant was in execution, he rolled up and threw away), the subjects including: 'The Legal Murder of 1887,' and 'The Essentials of Anarchism;' notices of meetings, one of a mass-meeting November 9, at which and another, stating: 'It may be interesting to all that Turner has recently refused to accept a candidacy to Parliament because of his anarchistic principles.'
A demurrer was interposed to the return, and, after argument, the circuit court dismissed the writ and remanded the petitioner. 126 Fed. 253. From this order an appeal was prayed and allowed to this court, and, having been docketed, petitioner was admitted to bail.
Sections 2 and 38 of the act of March 3, 1903, entitled 'An Act to Regulate the Immigration of Aliens into the United States' (32 Stat. at L. 1213, chap. 1012), are as follows:
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