Joseph McKenna

“ To this procedure the government consented, but contended that, inasmuch as defendant did not proceed far enough to violate section 11 of the Exclusion Act, he was subject to prosecution under section 8 of the Immigration Act, it being broader and more comprehensive in its terms. ”

“ It appears therefrom that an earlier indictment was presented against Butt, charging him in three counts with having brought the same four Chinese aliens into the United States. The first two counts were based on section 8 of the Immigration Act of February, 1917, and the third count on section 11 of the Chinese Exclusion Act (22 Stat. 61, as amended by Act July 5, 1884 [Comp. St. § 4298] ) . All of the counts were based on the unlawful landing of four Chinese laborers into the United States. ”