This case involves the construction of section 22 of the Immigration Act of February 5, 1917 (Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 4289%Z). Section 3 of that act (Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 42891/4b) excludes from admission into the United States persons afflicted with a loathsome or dangerous contagious disease. Section 22 reads as follows:

*365 There is no dispute as to the facts. The petitioner is a Chinese person born in China, and is afflicted with a dangerous contagious disease. Her husband, Young Poo, is a native-born citizen of the United States. The question is therefore presented whether the alien wife of a native-born citizen may enter the United States as a matter of right, although afflicted with a dangerous contagious disease. The claim of the petitioner is based on the proviso to section 22, supra. It is contended that under that proviso the wife of a naturalized citizen may enter the United States as a matter of right, provided the marriage took place subsequent to the naturalization of the husband, and that the rights of naturalized citizens are no greater than the rights of a native-born citizen. If the premise is sound the conclusion would no doubt follow. But I am far from satisfied that the alien wife of a naturalized citizen is entitled to admission under the proviso in question, even though the marriage took place subsequent to the naturalization. On the contrary, I am inclined to the opinion that section 22 is a limitation upon the right of citizens of the United States to admission, and that the section and accompanying proviso apply only to the wives of naturalized citizens who become naturalized through the naturalization of their husbands. If I am correct in this conclusion, there is no provision of law authorizing the alien wife of either a native-born or naturalized citizen to enter this country as a matter of right. On the argument my attention was called to the fact that a different construction has been placed upon the section by numerous decisions of the Department of Babor. But if the last construction is correct the prior rulings are of no avail.

The demurrer is sustained.