1. Aliens 54 — Specification of immaterial statute in Secretary of Labor’s deportation order immaterial.

Whore the order of the Acting Secretary of Labor, directing the arrest of a Japanese person and that he be granted a hearing, to show cause why he should not be deported, recited that he had entered the United States in violation of Act Feb. 5, 1917, such recital was immaterial, though the entry occurred before the passage of the act; the question for determination in the deportation proceedings being whether the alien was lawfully in the United States and whether there existed any authority for his deportation.

2. Aliens <8=^89 — Congress may restrict immigration.

Congress by statute may forbid aliens from coming into the United States, and may provide for their expulsion, devolving upon the executive department or its subordinate officers the duty of carrying out the law.

3. Aliens <8=^54 — Action of executive department under deportation statute final when proceeding is fairly conducted.

The action of the executive department or its subordinate officers under deportation statutes is final, when hearings are fairly conducted.

<§=»For other eases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes

4. Evidence <8=»11 — Judicial notice taken oí historical events.

Courts will take judicial notice of history, such as the protest of the Japanese government against the proclamation of President Roosevelt specifically reciting that passports issued to Japanese laborers were being used for the purpose of enabling the holders to enter the continental territory.of the United States, as well as the subsequent so-called “gentlemen’s agreement.”

5. Aliens <@^46 — Japanese laborer not entitled to admission.

Under Act Feb. 20, 1907, providing that, when the president shall be satisfied that passports issued by any foreign government to its citizens to go to other countries are being used for the purpose of enabling the holders to come into the continental territory of the United States, the President may refuse to permit such citizens to enter the continental territory of the United States, as well as the proclamation of President Roosevelt superseded by the so-called “gentlemen’s agreement” between the United States and Japan and the proclamation of President Taft, a Japanese laborer is not entitled to enter the continental United States, even though he left Japan without passport.

6. Aliens @=>53 — Japanese laborer, who entered United States without passport, may be deported within five years.

Under Act Feb. 5, 1917, a Japanese laborer, who entered the United States surreptitiously without passport, deserting a vessel on which he was a coal passer, may, his entry being unlawful under Act Feb. 5, 1917, and the presidential proclamations, be deported five years thereafter.

<£s»Foi other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes