Ex parte Toscano

Petitioners, 208 in number, and the respondent have stipulated on this hearing the following facts;

[ 1 ] The government bases its authority for detaining petitioners on chapter 2, art. 11, of the Convention at The Hague, October 18, 1907, ratified by the contracting powers, including the United States of America and Mexico, November 27, 1909, which provides that:

The first contention of petitioners is that said treaty provisions are violative of the Constitution of the United States, or, more specifically, this contention is, quoting from their brief, as follows:

Petitioners’ references to the fourth and sixth amendments in 'no way strengthen their argument. If they are in custody by due process ■of law, their detention, of course, 'does not violate the fourth amendment, which is directed against “unreasonable” searches and seizures, nor has the sixth amendment, which simply requires certain procedure in criminal prosecutions, any application, because the case at bar in no way relates to a criminal prosecution.

Petitioners are not charged with any offense against either municipal or international law; indeed, The Hague Treaty impliedly allows, where humane considerations…