Mahlon Pitney

“ In a number of cases in the Federal district and circuit cours, it was held that the provisions of the act of March 3, 1891, and the acts that preceded it, relating to the exclusion and deportation of persons arriving in the United States from foreign countries, were confined in their operation to 'alien immigrants;' and that this term did not include aliens previously resident in this country, who had temporarily departed with the intention of returning. ”

“ That in case the Secretary of Commerce and Labor shall be satisfied that an alien has been found in the United States in violation of this act, or that an alien is subject to deportation under the provisions of this act or of any law of the United States, he shall cause such alien, within the period of three years after landing or entry therein, to be taken into custody and returned to the country whence he came, as provided by section twenty of this act. ”

“ Rep. 53, to intimate an opinion with respect to the construction of § 18 of the act of 1903 that is inconsistent with the result now reached. There the circuit court of appeals (one judge dissenting) had construed that section as excluding even the ordinary sailor, if an alien; basing this construction upon the changes wrought by Congress in the revision of 1903. ”

“ As authority for a liberal interpretation of the acts, two decisions of this court have at times been referred to, which have, however, little, if any, present pertinency. Church of the Holy Trinity v. United States, 143 U.S. 457, 36 L. ed. 226, 12 Sup. Ct. Rep. 511, held that the contract-labor law of February 26, 1885 (23 Stat. at L. 332, chap; 164, U.S.C.omp. Stat. 1901, p. 1290) , did not forbid a contract for employing a clergyman. ”

“ The cases that have held the immigration acts not to apply to domiciled aliens returning after a temporary absence have been rested in part upon the use of the term 'immigration' in the titles of the respective acts, and in part upon the employment of that or similar terms in the enacting clauses. ”

“ The authority of Congress over the general subject-matter is plenary; it may exclude aliens altogether, or prescribe the terms and conditions upon which they may come into or remain in this country. Chinese Exclusion Case, 130 U.S. 581, 603, 32 L. ed. ”

“ United States (1911) 107 C. C. A. 483, 185 Fed. 401; United States ex rel. Canfora v. Williams (1911) 186 Fed. 354; United States v. Sprung (1910) 110 C. C A. 37, 187 Fed. 903; Frick v. Lewis (1912) 115 C. C. A. 493, 195 Fed. ”