No. 125.

283 U.S. 52 (1931)


Supreme Court of United States.

Decided March 23, 1931.

Attorney(s) appearing for the Case

Mr. Claude R. Branch, Special Assistant to the Attorney General, with whom Attorney General Mitchell, Assistant Attorney General Dodds, Messrs. Albert E. Reitzel and B.W. Butler, Assistant Solicitors, Department of Labor, Harry S. Ridgely, and Erwin N. Griswold were on the brief, for petitioner.

Mr. Erwin I. Feldman, with whom Mr. J. Edward Keating was on the brief, for respondent.

MR. JUSTICE HOLMES delivered the opinion of the Court.

This case raises the same question as No. 92, ante, p. 48, but, as stated in No. 92, was decided the other way by the Circuit Court of Appeals for the Ninth Circuit. Zaja is a Dalmatian, citizen of Jugo-Slavia. He shipped as a seaman upon an Italian ship and on its arrival at San Pedro, California, deserted the ship on January 25, 1925. He was arrested on October 4, 1928, more than three years after his...

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