United States District Court Western District of Washington Northern Division.
In the Matter of The Application of Marie Miler for a Writ of Habeas Corpus. : No. 2457
Further Answer and Return to Writ and Petition Therefor.
To the Honorable Edward E. Cushman, Judge of the above entitled Court:
Comes now Ellis DeBruller, Commissioner of Immigration at Seattle, Washington, an oral agreement with counsel for petitioner first obtained, and for further answer to the Writ of Habeas Corpus issued herein, and for answer to the petition filed herein, states as follows:
I.
That under the authority of Section 22 of the Act of Feburary 20, 1907, as amended by the Act of March 26, 1910, the Commissioner General of Immigration if required to "establish such rules and regulation *** not inconsistent with law as he shall deem best calculated for carrying out the provisions of this Act and for protecting the United States and aliens migrating thereto from fraud and loss."
II.
That in accordance with such provision of the statute the Commissioner-General of Immigration issued and promulgated the following rule, being paragraph B of Subdivision 4 of Rule 22 of Immigration Rules of November 15, 1911, such paragraph reading as follows:
"During the course of the hearing the alien shall be allowed to inspect the warrant of arrest and all the evidence on which it was issued; and at such stage thereof as the officer before whom the hearing is held shall deem proper, he shall be apprised that he may thereafter be represented by counsel and shall be required then and there to state whether he desires counsel or waives the same, and his reply shall be entered on the record. If counsel be selected, he shall be permitted to be present during the furthe conduct of the hearing, to inspect and make a copy of the minutes of the hearing, so far as it had proceeded, and to offer evidence to meet any evidence theretofore or thereafter presented by the Government. Objections and exceptions of counsel shall not be entered on the record, but may be dealt with in an accompanying brief.
Wherefore, having further answered said writ and petition, said Ellis DeBruller prays the above entitled Court that the said writ be dismissed an the application and petition denied.
C.F. RiddellUnited States Attorney E B Brockway
Assitant United States Attorney.
The United States of America Western District of Washington } SS
I, Ellis DeBruller, being first duly sworn, on oath depose and say: That I am the Commissioner of Immigration named in the foregoing Answer: that I have read the same, know the contents thereof and believe the same to be true.
Ellis DeBruller Subscribed and sworn to before me this 7th day of May, 1913. BD WrightDeputy Clerk, U.S. Dist. Court, Western Dist. of Washington
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No. 2457
In the District Court of the United States for the Western District of Washington
In the Matter of The Application of Marie Miler for a Writ of Habeas Corpus.
Further Answer and Return to Writ and Petition Therefor.
Filed in the U.S. District Court,
Western Dist. of Washington.
May 7 1913
Frank L Crosby, Clerk,
By EML Deputy
