Nagle

This is an appeal from an order dismissing on demurrer a petition of appellant for discharge on habeas corpus. Appellant is an alien, a native o-f China, who has resided in this country for 40 years. On the 15th of December, 1923, he was arrested under the authority of section 19 of the Act of February 5,1917 ( 39 Stat. 889 [Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 4289%^]). This statute provides for the deportation of “any alien who * * * is employed * * i:i in * * f any house of prostitution * * * or other plaee + * * habitually frequented by prostitutes.”

Appellant was given a preliminary bearing December 19,1923, and the further hearing of his case was deferred to- permit him to secure counsel. On February 8, 1924, he appeared with counsel and submitted himself without objection to examination by the immigration authorities.- There were further hearings on March 29, April 17, and June 20. At all of these hearings appellant was represented by his counsel. At the conclusion of the hearings the record was transmitted to the Secretary of Labor, and on the 13th o-f November, 1924, a warrant was issued for appellant’s deportation to China.

The statute under which the…