Joseph McKenna

“ We are admonished at the outset by the diversity of opinion that there are grounds for opposing contentions. Indeed sections 21 and 43 seem to be, at first impression, in irreconcilable conflict. The declaration of section 21 is that the power of the Secretary of Labor shall extend to taking into custody and returning to the country from whence he came whoever is subject to deportation under the provisions 'of any law of the United States.' The universality of the declaration would seem to preclude exception and compel a single judgment. ”

“ And yet we are asked to decide that the law which permits the first, that is, permits the deportation of an alien simply upon the warrant or determination of an executive officer, is not an amendment or alteration of a law which prohibits it. And there can be no doubt of the result if such decision be made. The summary and direct remedy of section 21 will always be used. No Chinese person will be given the formal procedure of the Exclusion Laws with their safe guards. ”

“ The cases demonstrate this and we cannot believe that Congress was insensible of it and left it possible. Nor can we ascribe to Congress a deliberately deceptive obscurity and an intention, by the use of words which can be given a double sense, to grant a right that can have no assertion. ”