Oliver Wendell Holmes, Jr.

“ The petitioners' construction also would empty the requirement in § 20 that 'any alien who shall come into the United States in violation of law' shall be deported, of the greater part of its natural meaning, since it would limit it to such aliens only as appeared to the inspector to be entitled beyond a doubt to land, and for that reason escaped a board of special inquiry before they came in.
Turning now to § 25, that section seems to us to disclose additional reasons on the government's side. The board is an instrument of the executive power, not a court. ”

“ By that construction the finality given to the decision of the board is only a finality consistent with and subject to § 21, as, conversely, by that contended for on the other side, the power of the Secretary is subject to § 25. On the former view the United States admits aliens conditionally, and preserves that condition notwithstanding a preliminary decision in their favor by a board which it provides. The authority of Congress to impose such conditions hardly was disputed and is not open to doubt. ”

“ It is insisted by the government that this power is not qualified or cut down by § 25. Of course, if the government is right on the construction of the act, there is no question of the validity of the provision. ”