United States v. Schlotfeldt, No. 6934.

CourtUnited States Courts of Appeals. United States Court of Appeals (7th Circuit)
Writing for the CourtEVANS, MAJOR, and KERNER, Circuit
Citation106 F.2d 928
PartiesUNITED STATES ex rel. KARPATHIOU v. SCHLOTFELDT, District Director of Immigration and Naturalization.
Decision Date14 November 1939
Docket NumberNo. 6934.

106 F.2d 928 (1939)

UNITED STATES ex rel. KARPATHIOU
v.
SCHLOTFELDT, District Director of Immigration and Naturalization.

No. 6934.

Circuit Court of Appeals, Seventh Circuit.

October 20, 1939.

Rehearing Denied November 14, 1939.


106 F.2d 929

Herman P. Haase, of Chicago, Ill., for appellant.

A. Bradley Eben, of Chicago, Ill., for appellee.

Before EVANS, MAJOR, and KERNER, Circuit Judges.

MAJOR, Circuit Judge.

This is an appeal from a judgment dismissing a petition for writ of habeas corpus filed on behalf of appellant, Constantinos Karpathiou, an alien. By the proceeding it was sought to test the validity of a warrant issued by the Secretary of Labor for the deportation of appellant upon the ground that he is in the United States contrary to the Act of February 5, 1917, Section 155, Title 8 U.S.C.A., in that appellant "has been found managing a house of prostitution, or music or dance hall or other place of amusement or resort habitually frequented by prostitutes or where prostitutes gather."

Appellant entered this country September 23, 1907, and admittedly is an alien. A hearing was had before a United States Immigration Inspector, at which time the additional charge "in that he has been found an inmate of a house of prostitution" was made. Prior to the hearing before the Immigration Inspector, affidavits had been obtained from four persons, some of whom had been inmates or employees of the house in question, known as the Willow Inn. At the hearing a large number of witnesses testified, and during the hearing these affidavits, previously obtained, were offered in evidence. The record does not disclose whether the persons who made these affidavits were all personally present or not, but we assume they were. At any rate, counsel for appellant was asked if he desired to cross-examine such persons. He availed himself of the privilege of cross-examining one of such persons but waived such privilege as to the other three. The one examined repudiated the material statements contained in her affidavit. It is not disputed by appellant but what the evidence contained in the affidavits was sufficient to support at least some of the charges preferred. It is argued, however, that these affidavits were improperly received in evidence and should not have been considered by the Department of Labor, and can not be here considered in support of the charge.

The impotency of this argument lies in the fact that the courts have recognized it generally as being proper.1 In connection with such holdings it has been held that the alien...

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4 practice notes
  • CIR v. Ridgeway's Estate, No. 13401.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • June 1, 1961
    ...the gross estate by virtue of the Joint Resolution of March 3, 1931. In holding that the property was transferred in 1915, this court, at 106 F.2d 928, "* * * Nor can the amendment made by the Joint Resolution of March 3, 1931, apply to this case since the transfer under which the dece......
  • United States v. O'ROURKE, No. 14978.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • May 18, 1954
    ...F.2d 191, 196; United States ex rel. Doukas v. Wiley, 7 Cir., 160 F.2d 92, 95; United States ex rel. Karpathiou v. Schlotfeldt, 7 Cir., 106 F.2d 928, 929; United States ex rel. Di Tomasso v. Martineau, 2 Cir., 97 F.2d 503, 504; Hays v. Zahariades, 8 Cir., 90 F.2d 3, 5; Nicoli v. Briggs, 10 ......
  • Moncado v. Ramsey, No. 13670.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • April 7, 1948
    ...statements are not controverted or whom he expresses no desire to have produced. United States ex rel. Karpathiou v. Schlotfeldt, 7 Cir., 106 F.2d 928, The administrative determination that appellant is an alien, subject to deportation, is binding upon this Court. Under the circumstances di......
  • United States v. Jordan, No. 8851.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • February 18, 1946
    ...1939. United States of America ex rel. Karpathiou v. Schlotfeldt, District Director of Immigration and Naturalization, Chicago District, 106 F.2d 928, certiorari denied 309 U.S. 681, 60 S.Ct. 721, 84 L.Ed. 1024. The facts are fully discussed in the former opinion of this court, and no good ......
4 cases
  • CIR v. Ridgeway's Estate, No. 13401.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • June 1, 1961
    ...the gross estate by virtue of the Joint Resolution of March 3, 1931. In holding that the property was transferred in 1915, this court, at 106 F.2d 928, "* * * Nor can the amendment made by the Joint Resolution of March 3, 1931, apply to this case since the transfer under which the dece......
  • United States v. O'ROURKE, No. 14978.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • May 18, 1954
    ...F.2d 191, 196; United States ex rel. Doukas v. Wiley, 7 Cir., 160 F.2d 92, 95; United States ex rel. Karpathiou v. Schlotfeldt, 7 Cir., 106 F.2d 928, 929; United States ex rel. Di Tomasso v. Martineau, 2 Cir., 97 F.2d 503, 504; Hays v. Zahariades, 8 Cir., 90 F.2d 3, 5; Nicoli v. Briggs, 10 ......
  • Moncado v. Ramsey, No. 13670.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • April 7, 1948
    ...statements are not controverted or whom he expresses no desire to have produced. United States ex rel. Karpathiou v. Schlotfeldt, 7 Cir., 106 F.2d 928, The administrative determination that appellant is an alien, subject to deportation, is binding upon this Court. Under the circumstances di......
  • United States v. Jordan, No. 8851.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • February 18, 1946
    ...1939. United States of America ex rel. Karpathiou v. Schlotfeldt, District Director of Immigration and Naturalization, Chicago District, 106 F.2d 928, certiorari denied 309 U.S. 681, 60 S.Ct. 721, 84 L.Ed. 1024. The facts are fully discussed in the former opinion of this court, and no good ......

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