Ex parte Loo Shew Ung
Opinion
lead Opinion
Dooling, J.
The petition herein shows that Loo Shew Ung, born in China, was admitted into the United States as a merchant’s son, and that, having been thereafter found employed as a cook in a house of prostitution in Bakersfield, he was arrested, and after a hearing ordered deported as one unlawfully within the United States, as defined by section 3 of the Immigration Act. Petitioner contends that his employment as a cook, not being in itself at all immoral, even though exercised in a house of prostitution, did not bring him within the class denounced by the section referred to above, and that the order of deportation is therefore unwarranted.-
The portion of the act material to this proceeding is as follows:
If this language is to be given its ordinary meaning, and no reason appears why it should be distorted, petitioner comes squarely within its provisions, for he is an “alien employed by, in and in connection with a house of prostitution.” The act itself does not limit its operation to any particular character of employment, but embraces employment of every description. It would require something more than judicial interpretation — it would require, indeed, judicial legislation— to take…