STATEMENT BY MR. JUSTICE GRAY.
Habeas corpus, sued out May 13, 1891, by a female subject of the emperor of Japan, restrained of her liberty and detained at San Francisco upon the ground that she should not be permitted to land in the United States. The case, as appearing by the papers filed, and by the report of a commissioner of the circuit court, to whom the case was referred by that court 'to find the facts and his conclusions of law, and to report a judgment therein,' and by the admissions of counsel at the argument in this court, was as follows:
The petitioner arrived at the port of San Francisco on the steamship Belgic, from Yokohama, Japan, on May 7, 1891. William H. Thornley, commissioner of immigration of the state of California, and claiming to act under instructions from and contract with the secretary of the treasury of the United States, refused to allow her to land; and on May 13, 1891, in a 'report of alien immigrants forbidden to land under the provisions of the act of congress approved August 3, 1882, at the port of San Francisco, being passengers upon the steamer Belgic, Walker, master, which arrived May 7, 1891, from Yokohama,' made these statements as to the petitioner: 'Sex, female; age, 25.' 'Passport states that she comes to San Francisco in company with her husband, which is not a fact. She states that she has been married two years, and that her husband has been in the United States one year, but she does not know his address. She has $22, and is to stop at some hotel until her husband calls for her.'
With this report Thornley sent a letter to the collector, stating that after a careful examination of the alien immigrants on board the Belgic he was satisfied that the petitioner and five others were 'prohibited from landing by the existing immigration laws,' for reasons specifically stated with regard to each; and that, pending the collector's final decision as to their right to land, he had 'placed them temporarily in the Methodist Chinese Mission, as the steamer was not a proper place to detain them, until the date of sailing.' On the same day the collector wrote to Thornley, approving his action.
Thereafter, on the same day, this writ of habeas corpus was issued to Thornley, and he made the following return thereon: 'In obedience to the within writ I hereby produce the body of Nishimura Ekiu, as within directed, and return that I hold her in my custody by direction of the customs authorities of the port of San Francisco, Cal., under the provisions of the immigration act; that, by an understanding between the United States attorney and the attorney for petitioner, said party will remain in the custody of the Methodist Episcopal Japanese and Chiness Mission pending a final disposition of the writ.' The petitioner remained at the mission-house until the final order of the circuit court.
Afterwards, and before a hearing, the following proceedings took place: On May 16th the district attorney of the United States intervened in opposition to the writ of habeas corpus, insisting that the finding and decision of Thoruley and the collector were final and conclusive, and could not be reviewed by the court. John L. Hatch, having been appointed on May 14, by the secretary of the treasury, inspector of immigration at the port of San Francisco, on May 16th made the inspection and examination required by the act of March 3, 1891, c. 551, entitled 'An act in amendment to the various acts relative to immigration and the importation of aliens under contract or agreement to perform labor,' (the material provisions of which are set out in the margin, ) and refused to allow the petitioner to land, and made a report to the collector in the very words of Thornley's report, except in stating the date of the act of congress, under which he acted, as March 3, 1891, instead of August 3, 1882; and, on May 18th, Hatch intervened in opposition to the writ of habeas corpus, stating these doings of his, and that upon said examination he found the petitioner to be 'an alien immigrant from Yokohama, empire of Japan,' and 'a person without means of support, without relatives or friends in the United States,' and "a person unable to care for herself, and liable to become a public charge,and therefore inhibited from landing under the provisions of said act of 1891, and previous acts of which said act is amendatory:" and insisting that his finding and decison were reviewable by the superintendent of immigration and the secretary of the treasury only.