Case Summary

On February 9, 1903, three French women were removed from the steamship Rosalie, which had arrived at Puget Sound from Victoria, Canada. Their immigration status was determined by a "board of inquiry" formed by Treasury Department officials in Seattle. It was decided that the three were French citizens previously denied entry to the U.S. at New York and were believed to be "imported into the United States, at the port of New York, from France, for the purposes of prostitution... and that they were paupers who would become a public charge." They were placed into the custody of James P. Lavin, Immigration Inspector, who in turn placed them in the custody of Sister Superior M. Angelique of the House of the Good Shepherd. On February 13, 1903 the women, through their attorney, petitioned for a writ of Habeas Corpus in State Court. Judge Bell granted their petition. In response, the respondent's attorney filed a motion to move the adjudication to Federal Court as the matter was in regard to immigration law. That writ of certiorari was granted and the case moved to Federal Court under Judge Hanford. Hanford denied the writ, ruling that the Treasury Department had the right to deny them entry. He further ruled that they were to be returned to Victoria. Shortly after his ruling on February 19, the Assistant Treasury Secretary ordered them deported to France from New York. As a result, the respondent, Lavin, petitioned to have Hanford's order returning the women to Victoria changed. Hanford denied the request on March 3rd and, on March 6th, the women were each granted $500 bail financed by the French consulate. Lavin, through his attorney, Cushman, appealed the case to the U.S. Circuit Court. On December 10 1903, the Appeal was ruled and Judge Hanford's order that the women be sent to Victoria was overturned as the appeals court found that the Treasury Department had the authority and that the Immigration Act allowed for the women to be returned to France as they had not been away for more than one year. In June 1904, Georgette surrendered to authorities and was deported to France. On July 22 1904, the other two women were ruled to have forfeited their bail. Their ultimate fates are unknown; it appears they jumped bail and absconded.

Case Information

Petition type(s)

• Carceral
• Institutional

Petition subtype(s)

• Immigration
• Prostitution
• Public charge
• Immigration

Sites of significance

• House of the Good Shepherd (Seattle, Washington)

Outcome

Writ denied

Fate of bound party

Released on bail/bond|deported|jumped bail

Related petitions

• In the matter of the application of Yvonne La Fevre and Georgette Normand

State

• Washington

Point(s) of law cited

Immigration Act of March 3, 1891 (26 Stats. 1086); Nishimura Ekiu v. United States, 142 US 651, 660|Lem Moon Sing v. United States, 158 US 538|Fok Young Yo v. United States, 185 US 296, 305|The Japanese Immigrant Case 189, US 86

Tag(s)

• Appeal
• Prostitution

People

• LeFevre, Yvonne (La Ferve) (bound party)
• LeFevre, Yvonne (La Ferve) (petitioner)
• LeFevre, Marie (Le Fevre) (bound party)
• LeFevre, Marie (Le Fevre) (petitioner)
• Normande, Georgette (Normand) (bound party)
• Normande, Georgette (Normand) (petitioner)
• Angelique, M (Sister Superior M Angelique) (holding party)
• Angelique, M (Sister Superior M Angelique) (respondent)
• Angelique, M (Sister Superior M Angelique) (responding party)
• Lavin, James P (authority ordering detention)
• Lavin, James P (respondent)
• Lavin, James P (responding party)
• Gill, Hiram C. (petitioner attorney)
• Cushman, Edward E. (respondent attorney)
• Hanford, Cornelius Holgate (judge)
• Bell, William R. (judge)

• Additional parties

  Taylor, H. A. (Assistant Secretary of the Treasury)

  Moncton, A. (Clerk)

  Fuller, Melville (Chief Justice of U.S. Circuit Court)

  Morrow, ? (Deciding Judge, U.S. Circuit Court)

  Walther, H. M (Clerk)

  Koepfli, C. A. (Clerk)

  Ayres, A. Reeves (Clerk)

  Gay, Wilson R. (US Attorney)

  Preacher, ?? (Cashier)

  Drake, James C. (Clerk)

  Night, B. O. (Deputy Clerk), Moore, A. N. (Clerk)

  Frye, Jesse A (US Attorney)

  Roche, M. Joujon (US French Consular Agent)