Tonka Bajlo vs. United States. Return

 

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON SOUTHERN Northern Division.

In the Matter of the Application of Tonka Bajlo for the Writ of Habeas Corpus. ) 2459 No. 1328.

RETURN TO ORDERS TO SHOW CAUSE AND ANSWER TO PETITION.

To Honorable Edward E. Cushman, Judge of the Above entitled Court: —

Comes now Ellis DeBruler, Commissioner of Immigration at Seattle, Washington, and for return to the Order to Show Cause herein filed April 16, 1913, shows to the Court that he has not at any time failed to safely keep the said Tonka Bajlo since the date of her original arrest, and that no order of this court has ever issued requiring him to safely keep the said Tonka Bajlo a prisoner; and for return to the Order to Show Cause issued herein on April 17, 1913, and for answer to the Petition filed herein, states as follows:

- I -

Said Ellis DeBruler denies that the said Tonka Bajlo is confined in violation of the Constitution of the United States; that she was compelled to testify against herself upon a criminal charge; also denies that she had no opportunity to present evidence on her behalf, and denies that she was ordered deported upon a criminal charge. He further denies that she did not understand the nature of the proceeding against her, and that she made any deman for counsel   until after the matter had been closed upon a fair, proper and regular hearing.

- II -

Said Ellis DeBruler further denies the charges against against said Tonka Bajlo are without foundation of law or fact, and that any order for her deportation was made without an opportunity for her to have proper legal hearing.

- III -

Said Ellis DeBruler alleges that the said Tonka Baljo is detained by virtue of the final ruling of a competent tribunal, to-wit: The Secretary of Labor of the United States, and denies that she is restrained of her liberty by reason of any false charges against her. The said Ellis DeBruler further alleges that he has no knowledge or information sufficient to form a believe, and therefore denies that the charges made against her by Jack Bajlo, her husband, were for the purpose of wreaking vengeance upon her, the said Tonka Baljo.

And for a further and separate answer and return to said Order to Show Cause, and said Application for a Writ of Habeas Corpus, said Ellis DeBruler, alleges that on or about the 7th day of April, 1913, said Tonka Baljo was arrested by one Thomas M. Fisher, Inspector of Immigration, stationed at Seattle, Washington, under authority of the Department of Labor of the United States in violation of the Act of Congress approved February 20, 1907, and amended by the Act of March 26, 1910, to-wit: That she was an alien found practicing prostitution after her entry into the United States, and as such, liable to deportation in the (2)   manner prescribed by law. That said authority for said arrest and detention of said applicant is found in the warrant duly and regularly issued on the 7th day of April, 1913, by W. B. Wilson, Secretary of Labor, a copy of the said warrant being attached hereto and made a part of this return; that the original of said warrant was forwarded to said Ellis DeBruler by telegram on said April 7, 1913, copy of said telegram being also hereto attached and made a part hereof.

That on April 7, 1913, said Tonka Bajlo and other witnesses were duly and regularly examined by said Thomas M. Fisher, who was then and there a duly qualified and acting Inspector of Immigration, stationed at Seattle, Washington, acting under the authority of the laws of the United States and the rules and regulations of the Bureau of Immigration of the Department of Labor of the United States, and as such Inspector had power to examine said Tonka Baljo and other witnesses under oath as to the right of the said Tonka Bajlo to remain in the United States; that the testimony so given at said examination was duly and regularly taken down in shorthand and thereafter transcribed and forwarded on or about the 9th day of April, 1913, to the Department of Labor at Washington, D. C. That said record, together with the record of the examining Inspector, and the recommendation of Ellis DeBruler, the Commissioner as aforesaid, were received by the Department of Labor at Washington, D.C., and then and there carefully considered by said officers, and on the 15th day of April, 1913, said Department and said Secretary of Labor decided adversely to said applicant, and became and were satisfied that she was an alien subject to deportation (3)   under the laws of the United States, and ordered her deportation to the country from whence she came. That a copy of the testimony so taken at the hearing aforesaid is attached hereto, made a part hereof, and that in addition, the copy of the whole record of such proceeding is attached hereto and made a part hereof. Special attention is called to the following portions of said record, found on the pages thereof indicated:

1. Affidavit of complaining witness, Gek Bajlo (pp 41, 42).

2. Request of Inspector Fisher for warrant (p 45).

3. Copies of cipher telegrams from Commissioner DeBruler to the Immigration Service, requesting warrant for the arrest of alien (pp 44, 46).

4. Copy of written request by Commissioner DeBruler, requesting warrant for the arrest of alien (p.40).

5. Telegram of Secretary Wilson authorizing arrest and hearing of alien (p 36).

6. Written order from Secretary Wilson to the same effect (p 38).

7. Medical certificate by surgeon Runderwood (p .37).

8. Transcript of proceedings had and evidence taken under authority of such warrant (pp 14-22 inc).

9. Finding of Inspector Thomas M.Fisher based on above matters (pp 22,23).

10. Letter of Commissioner DeBruler to the Commissioner General, enclosing full record of all prior proceedings and recommending deportation of alien. (pp 12, 13).

11. Code telegraphic warrant from Secretary Wilson (4)   finding alien to have been practicing prostitution and a person who at the time of her entry was liable to become a public charge, and ordering her deportation; also translation of the same (p.5).

That the foregoing are the reasons why the said Tonka Bajlo is detained by Ellis DeBruler, in custody, and why said Ellis DeBruler now detains her in custody pending the orders of the above entitled court in the premises; that by reason of the premises, this Court has no jurisdiction to review the acts of the Secretary of Labor of Washington, D.C.

WHEREFORE, said Ellis DeBruler having shown good reason for his detention of the said Tonka Bajlo, prays the above entitled court that this action be dismissed, the Order to Show Cause quashed, and that the application and Petition for said Writ be denied, and that he be allowed to go hence and have his costs.

C. F. Riddell
United States Attorney E B Brockway
Assistant United States Attorney

THE UNITED STATES OF AMERICA WESTERN DISTRICT OF WASHINGTON NORTHERN DIVISION ) ss.

Ellis DeBruler, being first duly sworn on oath deposes and says: That he is the party named in the foregoing Answer; that he has read the same, knows the contents thereof, and verily believes the same to be true.

Ellis DeBruler

Subscribed and sworn to before me this 21st day of April, 1913.

Ed M Larkin
Deputy Clerk, U.S. Dist. Court, Western Dist. of Washington (5)  

No. 1328

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF WASHINGTON

In the Matter of the Application of Tonka Bajlo for a Writ of Habeas Corpus.

RETURN TO ORDERS TO SHOW CAUSE AND ANSWER TO PETITION

FILED IN THE U. S. District Court, Western Dist. of Washington
APR 21 1913

FRANK L. CROSBY, Clerk.

By EML Deputy