IN THE DISTRICT COURT OF THE UNITED STATES, FOR THE WESTERN DISTRICT OF WASHINGTION, NORTHERN DIVISION.
IN THE MATTER OF THE APPLICATION OF GUSSIE GOLDMAN WOODS, ALIAS GUSSIE GOLDMAN, for a WRIT OF HABEAS CORPUS
No. 2960
PETITION FOR A WRIT OF
HABEAS CORPUS
To The Honorable The Judges of the above entitled court:
Now comes Gussie Goldman Woods, the petitioner above named, by Vanderveer & Cummings, her attorneys, and represents and shows to Your Honors as follows:
I.
That she is a citizen of the United States of America, over the age of twenty-one years, a resident and citizen of the State of Washington and the district and division of the above entitled court above specified; that she is native of the Russian Empire and came to the United States of America in the year 1903 where she has since resided.
II.
That your petitioner intermarried with one Fred L.
Woods in the City of Seattle, Washington, on the 23d day of
November, 1914, and at all times thereafter has been, and still
is, the lawful wife of the said Fred L. Woods; that at the
time of said marriage of your petitioner and said Fred L.
Woods in the said City of Seattle, State of Washington, in the
United States of America, the said Fred L. Woods was a natural
born citizen of the United States of America having been born
in the town of Groveland in the State of California, on
September 12, 1884, and that he has never renounced his allegiance
to the United States of America.
III.
That on or about the 13th day of October, 1914, your petitioner was taken into custody at Skagway, Alaska, by one Albert H. Joy, Immigrant Inspector of the United States, upon a warrant issued by one J.B. Densmore, Acting Secretary of Labor of the United States, charging your petitioner with being an alien in the United States of America and with being a prostitute, and that she was such at the time of her entry into the United States, and that she has entered the United States for the purpose of prostitution. That thereafter, a hearing was had before the said Albert H. Joy on the 15th day of October, 1914, and said cause was transferred for further hearing to Seattle, Washington, where a hearing upon such charge was held before Thos. W. Lynch, Examining Inspector, and thereafter your petitioner was taken into custody and is now in custody of Henry M. White, Commissioner of Immigration, under and by virtue of a warrant issued by the Secretary of the Department of Labor of the United States of America directing that your petitioner be deported from the United States of America and transported to the Empire of Russia for the reason as stated in said warrant, that your petitioner is an alien in the United States and had been found practicing prostitution in the United States of America.
IV.
Your petitioner further avers that she is restrained of her liberty by the said Henry M. White, as such Commissioner of Immigration, under a claim that she is a subject to deportation for a violation of the laws of the United States in that being an alien she was found practicing prostitution in the United States of America.
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V.
Your petitioner further avers that she is held in custody under and by virtue of a claim that she has violated the laws of the United States of America, and she is being held in such custody within the district and division aforesaid.
VI.
Your petitioner further avers that she is unable to attach hereto a copy of the process under which she is held in custody and restrained of her liberty for the reason that she has no such copy in her possession, and for the reason that she has not been furnished with such copy.
VII.
Your petitioner, however, avers that she is being now restrained of her liberty and held in the custody of Henry M. White, Commissioner of Immigration, under a pretense of a law of the United States of America.
VIII.
Your petitioner further avers that at the said hearing before the said Thos. W. Lynch, Examining Inspector, it appeared conclusively and without contradiction that your petitioner at all times since her said marriage with the said Fred L. Woods has been a resident of the United States of America and a citizen thereof, and that the said warrant of the Secretary of Labor is invalid and of no force and effect in law for the reason that your petitioner is not an alien.
IX.
Your petitioner now complains that she is unlawfully restrained of her liberty by the said Henry M. White under the pretense that she has violated a law of the United States of America, which pretense and claim is unfounded in fact and is to the said Henry M. White and to the Secretary of Labor of the United States well known.
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X.
Your petitioner further avers that in her confinement by the said Henry M. White her rights as an American citizen are infringed and she is deprived of her liberty without any warrant of law and that such restraint is illegal and invalid.
XI.
Your petitioner furthers avers that in the hearing before the officers of the Immigration Service of the United States, she was denied the right to cross-examine witnesses, to meet the witnesses face to face, and that your petitioner in such hearing before the officers of the Immigration Service of the United States was denied a fair and impartial hearing, and that there was no testimony taken before the said Albert H. Joy or Thos. W Lynch tending to show, or which did show, that your petitioner was at any time subsequent to her said intermarriage with said Fred L. Woods an alien to the United States of America
WHEREFORE your petitioner prays that she may be allowed the writ of right, a Writ of Habeas Corpus to The Honorable
Henry M. White, Commissioner of Immigration, directing, comanding and requiring the said Henry M. White to produce before Your Honors at a time and place to be specified, the
body of your petitioner, together with the cause alleged for her
detention by the said Henry M. White, and that she further be
awarded a Writ of Certiorari to the Honorable Henry M. White,
Commissioner of Immigration, commanding and requiring the said
Commissioner to certify unto this court all and singular the
proceedings had before said Albert H. Joy and Thos. W. Lynch,
as such Immigration Inspectors, respecting the matter of the
deportations of your petitioner, and that upon the return to
such Writ of Habeas Corpus and the return to such Writ of
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Certiorari such order be made therein by Your Honors as upon
due consideration is consonant with law under and pursuant to
the Constitution of the United States of America and as in
duty bound your petitioner will ever pray.
GUSSIE GOLDMAN WOODS,
Petitioner,
VANDERVEER & CUMMINGS,
Attorneys for Petitioner.
WESTERN DISTRICT OF WASHINGTON : NORTHER DIVISION : SS
GUSSIE GOLDMAN WOODS, being first duly sworn, upon oath deposes and says: That she is the petitioner named in and by whom the foregoing petition is subscribed; that she knows the contents thereof, and that all the matters and things in said petition set forth are true.
Gussie Goldman Woods
Subscribed and sworn to before me this 15th day of February A.D. 1915.
H W C. Billingsley
Notary Public in and for the State of Washington, residing at Seattle.
ORIGINAL. 2960
Cause No.
DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF WASHINGTON NORTHERN DIVISION
IN THE MATTER OF THE APPLICATION OF GUSSIE GOLDMAN WOODS etc. FOR WRIT OF HABEAS CORPUS
PETITION FOR WRIT OF HABEAS CORPUS.
VANDERVEER & CUMMINGS
Solicitors and Counsel for PETITIONER
Hoge Building
SEATTLE - WASHINGTON
RAINER PRINTING COMPANY, INC.
FILED IN THE U.S. District Court, Western Dist. of Washington, NORTHERN DIVISION FEB 17 1915 FRANK L. CROSBY, Clerk By EML Deputy
