Where, after the decision of the commissioner, the accused gave bail to appear before the court in the other district and there answer the charge against him, it was held that, upon his surrender, he could not question the validity of the decision: that a crime had been committed; that the defendant was the person charged with the commission thereof; and that there was reasonable cause and ground to believe him guilty.43 When the prisoner is discharged an appeal should be taken by the marshal from whose custody he was released; not by the consul who applied for the extradition.44 § 462a. Habeas corpus to protect alien enemies. By the Revised Statutes, "Whenever there is a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion is perpetrated, attempted, or threatened against the territory of the United States by any foreign nation or government, and the President makes public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being of the age of fourteen years and upward, who shall be within the United States and not actually naturalized, shall be liable to be apprehended, restrained, secured, and removed as alien enemies. The President is authorized, in any such event, by his proclamation thereof, or other public act, to direct the conduct to be observed, on the part of the United States, toward the aliens who became so liable; the manner and degree of the restraint to which they shall be subject and in what cases, and upon what security their residence shall be permitted, and to provide for the removal of those who, not being permitted to reside within the United States, refuse or neglect to depart therefrom; and to establish any other regulations which are found necessary in the premises and for the public safety."1 "When an alien who becomes liable as an enemy, in the manner prescribed in the preceding section, is not chargeable with actual hostility, or other crime against the public safety, he shall be allowed, for the recovery, disposal, and removal of his goods and effects, and for his departure, the full time which is or shall be stipulated by any treaty then in force between the 48 U. S. v. Peckham, 143 Fed. 625, 628. 44 Collins v. Miller, 252 U. S. 364. § 462a. 1 U. S. R. S., § 4067, amended April 16, 1918, ch. 55, 40 St. at L. Comp. St., § 7615. United States and the hostile nation or government of which he is a native citizen, denizen, or subject; and where no such treaty exists, or is in force, the President may ascertain and declare such reasonable time as may be consistent with the public safety, and according to the dictates of humanity and national hospitality."2 "After any such proclamation has been made, the several courts of the United States, having criminal jurisdiction, and the several justices and judges of the courts of the United States, are authorized and it shall be their duty, upon complaint against any alien enemy resident and at large within such jurisdiction or district, to the danger of the public peace or safety, and contrary to the tenor or intent of such proclamation, or other regulations which the President may have established to cause such alien to be duly apprehended and conveyed before such court, judge or justice; and after a full examination and hearing on such complaint, and sufficient cause appearing to order such alien to be removed out of the territory of the United States, or to give sureties for his good behavior, or to be otherwise restrained, conformably to the proclamation or regulations established as aforesaid, and to imprison, or otherwise secure such alien; until the order which may be so made shall be performed." 3 "When an alien enemy is required by the President, or by order of any court, judge, or justice, to depart and to be removed, it shall be the duty of the marshal of the district in which he shall be apprehended to provide therefor, and to execute such order in person, or by his deputy, or other discreet person to be employed by him, by causing a removal of such alien out of the territory of the United States; and for such removal the marshal shall have the warrant of the President, or of the court, judge, or justice ordering the same, as the case may be."4 It has been held that the action of the President in pursuance of these statutes cannot be reviewed by habeas corpus.5 2 U. S. R. S., § 4068, Comp. St., $ 7616. 3 U. S. R. S., § 4069, Comp. St. $ 7617. 4 U. S. R. S., § 4070, Comp. St., § 7618. 5 Ex parte Graber, 247 Fed. 882. Contra Banning v. Penrose, 255 Fed. 159. § 463. Habeas corpus for immigrants and to review orders for deportation. By the Act of February 5, 1917, "SEC. 17. Boards of special inquiry shall be appointed by the commissioner of immigration or inspector in charge at the various ports of arrival as may be necessary for the prompt determination of all cases of immigrants detained at such ports under the provisions of the law. Each board shall consist of three members, who shall be selected from such of the immigrant officials in the service as the Commissioner General of Immigration, with the approval of the Secretary of Labor, shall from time to time. designate as qualified to serve on such boards. When in the opinion of the Secretary of Labor the maintenance of a permanent board of special inquiry for service at any sea or land border port is not warranted, regularly constituted boards may be detailed from other stations for temporary service at such port, or, if that be impracticable, the Secretary of Labor shall authorize the creation of boards of special inquiry by the immigration officials in charge at such ports, and shall determine what Government officials or other persons shall be eligible for service on such boards. Such boards shall have authority to determine whether an alien who has been duly held shall be allowed to land or shall be deported. All hearings before such boards shall be separate and apart from the public, but the immigrant may have one friend or relative present under such regulations as may be prescribed by the Secretary of Labor. Such boards shall keep a complete permanent record of their proceedings and of all such testimony as may be produced before them; and the decisions of any two members of the board shall prevail, but either the alien or any dissenting member of the said board may appeal through the commissioner of immigration at the port of arrival and the Commissioner General of Immigration to the Secretary of Labor, and the taking of such appeal shall operate to stay any action in regard to the final disposal of any alien whose case is so appealed until the receipt by the commissioner of immigration at the port of arrival of such decision which shall be rendered solely upon the evidence adduced before the board of special inquiry. In every case where an alien is excluded from admission into the United States, under any law or treaty now existing or hereafter made, the decision of a board of special inquiry adverse to the admission of such alien shall be final, unless reversed on appeal to the Secretary of Labor: Provided, That the decision of a board of special inquiry, shall be based upon the certificate of the examining medical officer and, except as provided in section twenty-one hereof, shall be final as to the rejection of aliens affected with tuberculosis in any form or with a loathsome or dangerous contagious disease, or with any mental or physical disability which would bring such aliens within any of the classes excluded from admission to the United States under section three of this act.1 § 463. 1 Ch. 29, § 17, 39 St. at L. 875, Comp. St., § 42894b. Where there were only three immigration inspectors at the port it was held that the one who made the preliminary examination of the alien was incompetent to sit upon the board. U. S. ex rel. Paros v. Redfern, 180 Fed. 500. Contra-Ex parte Joyce, 212 Fed. 282. It was held to be permissible for an immigration inspector to hear a deportation proceeding against an alien charged with being found in a house of prostitution, although the inspector had participated in the raid of such a house in which the partitioner was found. Ex parte Kwan So, 211 Fed. 772. "RULE 15. SPECIAL INQUIRY. "Subdivision 1. Oath.-Every person appointed to serve on a board of special inquiry shall first subscribe to an oath of office. "Subdivision 2. Hearings.Boards of special inquiry shall determine all cases as promptly as in the estimation of the immigration officer in charge the circumstances permit, due regard being had to the necessity of giving the alien a fair hearing. Hearings before the boards shall be separate and apart from the public''; but the alien may have one friend or relative present after Fed. Prac. Vol. III—8 the preliminary part of the hearing has been completed: Provided, First, that such friend or relative is not and will not be employed by him as counsel or attorney; second, that, if a witness, he has already completed the giving of his testimony; third, that he is not an agent or a representative at an immigration station of an immigrant aid or other similar society or organization; and, fourth, that he is either actually related to or an acquaintance of the alien.'' Ex parte Lalime, 244 Fed. 279, per Morton, J.: (1) In so-called 'warrant' cases, i. e. those where the alien has been admitted to this country and the question is as to his right to remain, the practice differs in some respects from that on applications for admission to the country, as was fully pointed out in Ex parte Chin Loy You (D. C.), 223 Fed. 833, 834. In cases like the present the board of special inquiry performs two functions: (a) It takes evidence, much like a commissioner in equity, and makes up a record which is sent to the Secretary of Labor for his decision thereon; and (b) it makes findings on the evidence and recommendations as to the proper disposition of the case, which also go to the Secretary, and are an important factor in his decision.' A previous statute, applicable to Chinese cases, which made By the same statute (§3): "the following classes of aliens shall be excluded from admission into the United States: All idiots, imbeciles, feeble-minded persons, epileptics, insane persons; persons who have had one or more attacks of insanity at any time previously; persons of constitutional psychopathic inferiority; persons with chronic alcoholism; paupers; professional beggars; vagrants; persons afflicted with tuberculosis in any form or with a loathsome or dangerous contagious disease; persons not comprehended within any of the foregoing excluded classes who are found to be and are certified by the examining surgeon as being mentally or physically defective, such physical defect being of a nature which may affect the ability of such alien to earn a liv ing.' It has been held: that a similar provision in a former act as to diseased aliens did not apply to aliens domiciled in the United States, and that they might be discharged by the writ of habeas corpus in case of their detention under the statute; that such a resident alien had the right to appeal to the Secretary of Commerce from the decision of the board of special inquiry; and that, where the right of appeal was denied, he could procure the discharge of his children by the writ of habeas corpus. Rodgers v. U. S. ex rel. Cachigan, C. C. A., 157 Fed. 381. See U. S. v. Nakashima, C. C. A., 160 Fed. 842. The board has no right to base its decision solely upon the medical certificate without exercising its own judgment after also considering whatever other evidence up on the subject may be offered or contained in the record. Billings v. Sitner, C. C. A., 228 Fed. 315, affirming ex parte Sitner, 212 Fed. 572. But upon habeas corpus affidavits contradicting the certificate cannot be considered; U. S. ex rel. Aronowicz v. Williams, 204 Fed. 844; U. S. ex rel. La Fata v. Williams, 204 Fed. 848. When the alien cannot speak the English language the inability of the members of the medical board to talk with her does not justify the court in setting aside the decision of the board of special inquiry. Ex parte Joyce, 212 Fed. 282. Where the alien was not shown a letter by a surgeon which was important evidence against him, he was discharged upon habeas corpus. Ex parte Keisuki Sata, 215 Fed. 173. "Persons who have been convicted of or admit having committed a felony or other crime or misdemeanor involving moral turpitude. A criminal libel charging a King with bigamy does not involve moral turpitude, U. S. ex rel. Mylius v. Uhl, C. C. A., 210 Fed. 860. Nor a second marriage while a former husband is alive when the latter has not been heard of for many years. Greenwood v. Frick, C. C. A., 233 Fed. 629. Nor, an intention to desert from a foreign army existing at the time of the entry when the desertion did not take place till afterwards. Ex parte Hill, 245 Fed. 687. Nor, a political crime (see infra). Where there has been no conviction or admission testimony of the commission of such a crime is inadmissible. U. S. ex rel. Castro v. |