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UNITED STATES v. COMMISSIONER OF IMMIGRATION

No. 41.

5 F.2d 162 (1924)

UNITED STATES ex rel. BRAZIER et al. v. COMMISSIONER OF IMMIGRATION AT PORT OF NEW YORK.

Circuit Court of Appeals, Second Circuit.

December 15, 1924.

Attorney(s) appearing for the Case

Hale, Nelles & Shorr, of New York City (Walter H. Pollak, Isaac Shorr, and Carol Weiss King, all of New York City, of counsel), for appellant.

William Hayward, U. S. Atty., of New York City (James C. Thomas, Asst. U. S. Atty., of New York City, of counsel), for appellee.

Before ROGERS and HOUGH, Circuit Judges, and LEARNED HAND, District Judge.

HOUGH, Circuit Judge (after stating the facts as above).

The decision in Mahler v. Eby, 264 U.S. 32, 44 S.Ct. 283, 68 L. Ed. 549, filed some months after entry of order appealed from, settles some points.

The Secretary of Labor, proceeding under the Act of May 10, 1920 (41 Stat. 593), did not in this instance, any more than he did in the Mahler Case, make a formal finding that relators were "undesirable residents of the United...

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