Appeal from the District Court of the United States for the Territory of Hawaii.

Habeas corpus by Tsuji Suekichi. From an order discharging petitioner, the United States appeals.

This is a proceeding hy writ of habeas corpus, on the petition of Tsuji Suekichi, the appellee, a subject of the Emperor of Japan. The petitioner migrated, and was admitted to the territory of Hawaii July 27, 1906. He took up his domicile in Honolulu, and so continued until September 26, 1910, when he departed for Japan on a short visit, with intention of returning to Honolulu and continuing his domicile there. Petitioner was lawfully married In Japan to Masa Tsuji, a Japanese woman. Masa Tsuji arrived in Honolulu about August 28, 1906, and took up her domicile there also; the husband and wife residing together. The wife did not accompany Suekichi to Japan. Petitioner returned to Honolulu about June 17, 1911, but on his arrival he was refused landing by the United States immigration inspector. A Board of Special Inquiry was called, to determine the question of his right to land, and, after a hearing, it was ordered that he be rejected and sent back to Japan as a person convicted of a crime involving moral turpitude. Being held for deportation, Suekichi invokes the writ of habeas corpus for his discharge, having waived his right of appeal from the findings of the Board of Inquiry. It appears from a supplemental return of the inspector in charge that Suekichi was, on April 18, 1909, indicted in the District Court of the United States for the Territory and District of Hawaii, for the offense of importing and harboring for the purposes of prostitution an alien woman, to wit, the wife of Snekichi, that on the same day he pleaded guilty thereto and was sentenced to imprisonment for the term of three months, and has since duly served his sentence. This the petitioner admits. The District Court discharged the petitioner, and the United States appeals.