Case Summary

In December 1913, Gregori Kornilin and 8 other immigrants from Russia arrived in Seattle, Washington via the steamship "Tamba Maru" after being denied from their desired location, Canada. The Russian immigrants were held for special inquiry by the Immigrant Inspector and Board of Special Inquiry. The board rejected the immigrants as they were "persons likely to become a public charge" and that Russian Immigrants were common or farm laborers, and stated there is no work for them. The Russian immigrants petitioned for a writ of habeas corpus which stated the petitioners were in good health, able bodied, and able to take care of themselves. The petition further stated that the petitioners were not held by the Immigration Commissioner upon any process issued by a court of common jurisdiction. In a return to the petition, Henry M. White, Commissioner of Immigration, admitted petitioners were not held upon a process issued by a U.S. or state court but alleged a valid and lawful reason for their detention. Judge Jeremiah Neterer granted the writ of habeas corpus and discharged the petitioners on the grounds that the petitioners were not excluded by provisions of the Immigration Act of Feb. 20, 1907, and the reasons given by the board of special inquiry did not permit the petitioners to become public charges. Henry M. White appealed the decision stating that it did not matter whether the immigration authorities erred in their interpretation of the law or finding of their facts, the courts had no authority to interfere. White further stated that the matter is "res adjudicata" unless the case of "In Re Unlawful Detention of Mullah Sing and Seventy-two other Hindu Aliens" has been reversed by the Supreme Court, as that decision ruled the jurisdiction of the court is limited to ascertaining whether the petitioners were denied a hearing. The petitioners and their attorney responded in a brief that the petitioners' exclusion was unlawful as they were not excluded upon statutory ground. The brief further stated the claim there is a shortage of farm laborers is absurd. On June 22nd, 1914, the circuit court of appeals reversed the district court's decision with instruction to dismiss the writ of habeas corpus.

Case Information

Petition type(s)

• Carceral

Petition subtype(s)

• Immigration
• Public charge

Sites of significance

• United States Detention Station (Seattle, Washington)

Outcome

Writ allowed

Fate of bound party

Deported

Case Citation

RG21 US District Courts, Western District of Washington, Seattle, Records of the Northern Division, Case Files, 1890-1972, No. 2646

Source material(s)

Case File

Length of case file

Between 101 and 150 pages

Repository(s)

• National Archives and Records Administration, Seattle Branch, Washington (Seattle, WA) (Seattle, Washington)

State

• Washington

Point(s) of law cited

U.S. v. Williams, 190 Fed. 897|U.S. v. Rodgers, 191 Fed. 971|U.S. v. Williams, 186 Fed. 354,356|U.S. v. International Mer. Marine Co. 194 Fed. 408|Prentis v. Cosmos, 196 Fed. 372|In Re Unlawful Detention of Mullah Singh and Seventy-two other Hindu Aliens, Case No. 2352|Ekin v. United States, 142 U.S. 650|Yamataya v. Fisher, 189 U.S. 86|United States v. Ju Toy, 198 U.S. 253|Lee Moon Sing v. United States, 158 U.S. 528, Chin Yow v. United States, 208 U.S. 8|De Bruler v. Gallo, 184 Fed. 566|United States v. Rodgers, 191 Fed. 970|Nishimura Ekiu v. United States, 142 U.S. 651|Section 1 of the Immigration Act of Feb. 20, 1907|In re Moola Singh, 207 Fed. 780|Ex parte Saraeno, 182 Fed. 955|Lewis v. Frick, 189 Fed. 146|In re Feinkod, 47 Fed. 447|Ex parte Koerna, 176 Fed. 479|In re O’Sullivan, 31 Fed. 447|United States v. Martin, 192 U.S. 1,

People

• Kornilin, Gregori (Gregory) (petitioner)
• Kornilin, Gregori (Gregory) (bound party)
• Alioshin, Noise (petitioner)
• Alioshin, Noise (bound party)
• Riaboff, Ivan (petitioner)
• Riaboff, Ivan (bound party)
• Ephimoff, Jakob (petitioner)
• Ephimoff, Jakob (bound party)
• Neonilin, Peter (petitioner)
• Neonilin, Peter (bound party)
• Emelin, Ivan (petitioner)
• Emelin, Ivan (bound party)
• Orloff, Jakob (petitioner)
• Orloff, Jakob (bound party)
• Yakimoff, Gregori (petitioner)
• Yakimoff, Gregori (bound party)
• Yakimoff, Philip (petitioner)
• Yakimoff, Philip (bound party)
• Kalina, Jacob (petitioner attorney)
• Neterer, Jeremiah (judge)
• White, Edward D. (Edward Douglas) (judge)
• White, Henry M. (respondent)
• White, Henry M. (responding party)
• Allen, Clay (respondent attorney)
• Fishburne, George P. (respondent attorney)

• Additional parties

  Crosby, Frank L. (Clerk)

  Lynch, T.W. (Immigrant Inspector)

  Wilkes, J.E. (Immigrant Inspector)

  White, A.T. (Immigrant Inspector)

  Kornilin, Ivan (father of petitioner)

  Doser, Trent (Stenographer)

  Gerome, Henry G. (Interpreter)

  Boyle, John M. (U.S. Marshal)

  Sargent, John H. (Acting Assistant Commissioner of Immigration)

  Weber, Samuel H. (Surety)

  Cohen, Samuel (Surety)

  Lane, Richard J. (Organized meals at Immigration Station)