After exhausting his remedy before the department this nativeborn American citizen sued out a writ of habeas corpus and in due course of proceedings the matter was referred to a referee to take testimony as to whether or not he was a citizen. The referee found that the petitioner was born In the United States and was a citizen thereof. The matter finally reached the Supreme Court of the United States in the habeas corpus proceedings and a majority of the court held that the action of the ministerial officer was conclusive. and thus It follows that under our present form of government it is possible to banish and expatriate a nativeborn American citizen through the bureaucratic powers of the Government I quote a paragraph from Judge Brewers dissenting opinion: It will be borne In mind that the petitioner has been judicially determined to be a freeborn American citizen. and the contention of the Government sustained by this court Is that a citizen guilty of no crime--for it is no crime for a citizen to come back to his native landmust by action of.a ministerial officer be punished by deportation and punishment without trial by jury and without judicial examination. Such a decision is to my mind appalling. It does not change the principle of law nor the point sought to be established that the party was of Chinese parentage.
Keywords matched
deportation