Gib

Charlie Gib, a Chinese alien, was sentenced to one year in the penitentiary at McNeil’s Island for violation of the Harrison Act (Comp. St. §§ 6287g-6287q) and one year for violation of the Naxóotic Drugs Import and Export Act (Comp. St. Ann. Supp. 1923, § 8800 et seq.). Kee How, also a native of China, served two concurrent terms at McNeil’s Island, for one year and two months and one *490 year, respectively, for violations of the Narcotic Drugs Import''and Export Act. At the •expiration of their terms off sentence, steps were taken to deport said aliens under authority of the Act of February 9, 1909, as amended May 26, 1922, § 1, subd. (e), being Comp. St.,Ann. Supp. 1923, § 8801, which provides that an alien convicted under subdivision (e) of section 2 shall, upon the termination’ of his imprisonment, upon warrant i issued by the Secretary of Labor, be deported in accordance with sections 19 and 20 of the Act of February 5, 1917 (Comp. St. 1918, Comp. St. Ann. Supp. 1919, §§ 4289^4¿j, 4289%k). They thereupon each applied for a writ of habeas corpus in the court below, claiming that their deportation and detention were illegal, for the reason that the indictments under which…