Rok

Section 11 of the Emergency Relief Appropriation Act of 1938, as amended by joint resolution of the 76th Congress, First Session, 53 Stat. 508 , 15 U.S.C.A. § 728 note, reads:

The resolution was approved by the President of the United States on February 4, 1939, and went into effect on March 4, 1939.

In an action filed on March 3, 1939, against Herbert C. Legg, the Administrator of the Works Progress Administration for Southern California, the plaintiff, a stage director and writer, has challenged the validity of this enactment upon the ground 'that it is unconstitutional and that, through its enforcement, he and other non-citizens would be deprived of liberty and property without due process of law, in violation of the Fifth Amendment to the Constitution of the United States, U.S.C.A.

The factual bases for the attack as stated in the complaint are these. Plaintiff entered the United States lawfully as an immigrant on October 5, 1934, at the port of New York. Shortly thereafter he moved to Los Angeles, California, where he has resided since. In November, 1934, he filed a declaration of intention to become a citizen of the United States. He is by profession a stage director, and…