October 1, 1916 - March 30, 1919
Petitioned on January 27, 1919
Filed before the US District Court for the Western District of Washington (Seattle, Washington)
Case ID: hc.case.wa.0204
Janet Mackay, formerly Janet Roy, a Scottish woman residing in the US was arrested on June 24th, 1918 for plotting to overthrow the US government and holding materials advocating sedition and socialism. She and her sister initially immigrated to New York in October of 1916, where they worked as housekeepers. They then head to Chicago where they find work in bindery for the newly formed Industrial Workers of the World. In October 1918 the Roy sisters moved to Seattle, Washington despite investigation into their ties to the IWW. The were arrested shortly after. The sisters are held in custody by Henry M. White, the sheriff and US Commissioner of immigration for Seattle. The case is heard by judge Jeremiah Neterer in the US District Court for Washington. While temporarily out on bond and while awaiting deportation, Janet marries Ivan Valentine Mackay, a fellow Scottish immigrant who believes he is a naturalized citizen. The court dismissed his claim of citizenship and the marriage did not certify Janet a citizen who cannot be deported. Mackay's attorney repeatedly asks about the fairness of the case-in part because of the relationship between Judge Neterer and defendant White. In March of 1919 the case is decided and Janet’s application for a Writ of habeas is denied. Janet Mackay is officially ordered to be deported.
Writ denied
Deported
RG21 US District Courts, Western District of Washington, Seattle, Records of the Northern Division, Case Files, 1890-1972, No. 4517
U. S. Compiled Statutes 1918
Young, D. L. (Notary Public)
Roy, Margaret (sister)
Callahan, W. P. (immigration inspector)
Harshberger, F. M. (clerk)
Leitch, S. E. (deputy clerk)
Saunders, Robert C. (U.S. Attorney)
Toley, Edwin P. (Deputy)
Boyle, John M. (U.S. Marshal)
Sargent, John H. (acting commissioner of immigration);
Katrina Jagodinsky, Cory Young, Andrew Varsanyi, Laura Weakly, Karin Dalziel, William Dewey, Erin Chambers, Greg Tunink. “In the Matter of the Application of Janet MacKay, formerly Janet Roy, for a writ of habeas corpus.” Petitioning for Freedom: Habeas Corpus in the American West, 1812-1924, University of Nebraska–Lincoln. Accessed November 22, 2024. https://petitioningforfreedom.unl.edu/cases/item/hc.case.wa.0204