Owen J. Roberts

“ Indeed, the court's opinion implies that, if concubinage were her principal or primary purpose, she ought to be excluded, even though she intended regularly to pursue her work as a domestic. The making of exclusion to depend upon the determination whether the immoral purpose is dominant or subordinate goes far to strike down the statute by making its enforcement difficult and in many cases practically impossible. Congress undoubtedly intended to exclude those who entertain a purpose here to practice prostitution or immorality of that sort. ”

“ The prostitute may, in the popular sense, be more degraded in character than the concubine, but the latter none the less must be held to lead an immoral life, if any regard whatever be had to the views that are almost universally held in this country as to the relations which may rightfully, from the standpoint of morality, exist between man and woman in the matter of sexual intercourse. ”

“ The statute forbids admission of 'persons coming into the United States for the purpose of prostitution or for any other immoral purpose.' The doctrine of this decision is that 'extramarital relations' of an unmarried woman that fall short of concubinage are not within the condemnation of the statute. But there is no ground for the assumption that petitioner is not the concubine of a married man. ”