Hyde

After a temporary absence of three months in Japan, of which country he was a subject, Seiichi Yamate sought to return to the territory of Hawaii, where he had resided for 18 years. He had not relinquished his residence in Hawaii, and held a permit to re-enter the United States. Upon November 17, 1925, the plaintiff in error accepted him at Yokohoma as a passenger upon its steamship President Lincoln, hound for San Francisco and touching at the port of Honolulu. Upon arrival of the steamer at Honolulu a few days later, the alien was refused admission to the United States for the reason that he was afflicted with leprosy. Not only was it found upon investigation that he was so afflicted, hut the Secretary of Labor further held that the disease might have been detected by means of a competent medical examination at the port of embarkation. Upon such determination by the Secretary, the collector of customs at Honolulu, acting under the provisions of section 9 of the Immigration Act of 1917, as amended by section 26 of the Immigration Act of 1924 (8 USCA § 145), imposed upon the plaintiff in error a fine of $1,000 and the additional sum of $40, the amount of the alien’s fare. To avoid…