196 F. 437 | E.D. Wash. | 1912
Blanche Masse immigrated from the Dominion of Canada to the United States on the 3d day of May, 1903. At that time she was andi still is an alien. She had practiced prostitution for about two years prior to her immigration hither, and continued so to do in this country until the summer of 1908. She then returned to the Dominion of Canada, where she practiced prostitution until the latter part of December, when she again returned to the United States. She was denied admission at Marcus, Wlash., but later gained -admission at Eastport, Idaho. Two or three days after her return to this country, or on the 30th day of December, 1908, she married one Adelard Pouliot in the city of Spokane. She claims that she led a moral life for about nine months after this marriage. She then left or deserted her husband and again practiced prostitution for some time in the cities of San Francisco, Portland, Spokane, and at other places. She next purchased a lot at lone, Wash., after returning to her husband, and constructed a building thereon to be used as a house of prostitution. She conducted this house as a house of ■prostitution from June, 1910, until the latter part of July, 1911. She and Pouliot then made a visit to Montreal, Canada, where they remained for 2% months, returning to Spokane, Wash., by way of De
Adelard Pouliot immigrated to the United States from the Dominion of Canada in 1904 and arrived in the city of Spokane in 1906. Since that time he has been employed as a barkeeper, or engaged in the salogn business. He, too, is an alien. As already stated, he married the Masse woman on December 30, 1908, and accompanied her hack to Montreal in 1911, paying her fare and traveling expenses. He admits that he loaned her $500 to build a house of • prostitution at lone, that the house and lot were paid for from money derived from the practice, of prostitution, or from conducting a house of prostitution, and that the title to the property now stands in their joint names.
Section 2 of the Immigration Act of February 20, 1907, c. 1134, 34 Stat. 898 as amended by section 1 of the Act of March 26, 1910, c. 128, 36 Stat. 263 (U. S. Comp. St. Supp. 1911, p. 501), declares that the following classes of aliens shall be excluded from the United States:
“ * * * Prostitutes, or women or girls coming into the United States for the purpose of prostitution or for any other immoral purpose; persons who are supported by or receive in whole or in part the proceeds of prostitution; persons who procure or attempt to bring in prostitutes or women or girls for the purpose of prostitution or for any other immoral purpose. * # *»
Section 3 of the act of 1907, as amended by section 2 of the act of 1910, declares that:
“Any alien who shall be found an inmate of or connected with the management of a house of prostitution, or practicing prostitution after such alien shall have entered the United States, or who shall receive, share in, or derive benefit from any part of the earnings of any prostitute, or is employed by, in, or in connection with any house of prostitution or music or dance hall or other place of amusement or resort habitually frequented by prostitutes, or where prostitutes gather, or who in any way assists, “protects or promises to protect from arrest any prostitute shall be deemed unlawfully in the United States and shall be deported in the maimer provided by sections twenty and twenty-one of this act.”
Sections 20 and 21 of the act prescribe the mode of deportation.
On the 21st day of November, 1910, the Secretary of Commerce and Uabor issued his warrant to the Commissioner of Immigration at Seattle, Wash., or to any immigration inspector in the service of the United States, reciting that from the evidence submitted to him it appeared that the alien Blanche Masse, who landed at the port of East-port, Idaho, on the 27th day of December, 1908, has been found in the United States in violation of the act of Congress approved Eeb-
“That the said alien is a prostitute and was such at the time of entry; that she entered the United States for the purpose of prostitution or other imnioral purpose, and that she has been found an inmate of a house of prostitution and practicing prostitution subsequent to her entry into the United States.”
And the officer to whom the warrant was directed was commanded to take her into custody and grant her a hearing to enable her to show cause why she should not be deported in conformity with law.
On the same day a similar warrant was issued reciting that from the evidence submitted it appeared that Adelard Pouliot has been found in the United States in violation of the acts of Congress aforesaid, to wit:
“That the said alien is a member of the excluded classes, in that he procured, imported, or brought into the United States a prostitute or woman or girl for the purpose of prostitution or other immoral purpose” — and directed a hearing in like manner.
Pursuant to these warrants, the two aliens were apprehended, and on the 20th day of December, 1911, their preliminary statements were taken under oath by Inspector Richardson. Thejr were informed of the nature of the charge against them and of their right to have counsel, of which right they availed themselves. The hearing was continued until January 3, 1912, at the instance of the aliens. At that time testimony was offered in their behalf. Thereafter the inspector made his report recommending their deportation, and on the 17th day of February, 1912, the Secretary of Commerce and Tabor issued his deportation warrant reciting that from the proofs submitted to him he had. become satisfied that the aliens Adelard Pouliot and Blanche Robinson, alias Masse, alias Pouliot, who landed at the port of Detroit, Mich., or on about the 9th day of October, 1911, have been found in the United States in violation of the act of Congress approved February 20, 1907, as amended by the act approved March 26, 1910, to wit:
“That the said Adelard Pouliot is a member of the excluded classes, in that he Imported and brought into the United States a woman for the purpose of prostitution or other immoral purpose; that the said Blanche Robinson, alias Masse, alias Pouliot, is a prostitute and was such at the time of her entry; that she entered the United States for the purpose of prostitution or other immoral purpose; and that she has been found an inmate of a house of prostitution and practiced prostitution subsequent to her entry into the United States, and may be deported in accordance therewith”' — and their deportation was thereupon ordered.
The parties are now held pursuant to this warrant and have applied to this court for writs of habeas corpus. The writs issued, and a return has been made setting forth the above-mentioned warrants and all proceedings had before Inspector Richardson and the Secretary of Commerce and Tabor.
While there is a hopeless’ and lamentable conflict of authority in the decisions of the inferior federal courts as to the scope of the inquiry under a writ of habeas corpus in this class of cases, and also
The case of Lewis v. Frick (C. C.) 189 Fed. 149, cited by the petitioners, was recently reversed by the Circuit Court of Appeals for the Sixth Circuit in an opinion filed February 13, 1912, 195 Fed. 693, 115 C. C. A. -.
Furthermore, the woman unlawfully entered this country on both dates and at. both places. The warrants are therefore sufficient.
The case against the alien Pouliot is equally clear. He manifestly imported this woman into the United! States for the purpose of prostitution and for immoral purposes, and, more than this, he admittedly shared in and derived benefit from her earnings as a prostitute, for he is admittedly the owner of an undivided half interest in the property purchased by her illgotten gains. It may be claimed that her entries into the United States in 1908 and 1911 were not illegal or prohibited, by reason of her previous residence ,in this country; but with this contention I cannot agree.
For the foregoing reasons, I am of opinion that these two aliens are unlawfully in the country, and no mere technicalities should! stand in the way of their deportation. The writs of habeas corpus are quashed, and the petitioners remanded.