232 F. 376 | N.D. Cal. | 1916
“Each board [of special inquiry] shall consist of three members, who shall he selected from such of the immigrant officials in the service as the Commissioner General of Immigration * * * shall from time to Lime designate as qualified to serve on such boards: Provided, that at ports where there are fewer than three immigrant inspectors, the Secretary of Rabor * * * may designate other United States officials for service on such boards.” Comp. St. 1913, § 4274.
At San Francisco, where the board of inquiry in the present case acted, there are more than three immigrant inspectors. It is to be noted that the members of such boards are not necessarily to be selected from immigrant inspectors, but from immigrant officials. Section 24 of the same act makes a distinction between immigration officers and clerks by the use of the following language:
"immigrant inspectors and other immigration officers, clerks, and employes shall hereafter be appointed,” etc. Comp. St. 19.13, § 4273.
But section 25, which provides for the creation of boards of special inquiry, does not use the word “officers,” but the word “officials.” And
The petition for writ will therefore be denied, and the petitioner remanded.