Petition for Writ of Certiorari — United States ex rel. Karpathiou v. Jordan

IN THE

Supreme Court of the United States

Ocroner Term, A. D. 1945.

No. 4201

THE UNITED STATES OF AMERICA,

Ex REL. CONSTANTINOS KARPATHIOU,

Petitioner,

vs.

ANDREW JORDAN, Disrrict Dmecror or Inicration

anp Naturauization, Cutcaco District,

Respondent.

PETITION FCR WRIT OF CERTIORARI TO REVIEW

DECISION OF THE UNITED STATES CIRCUIT

COURT OF APPEALS FOR THE SEVENTH CIRCUIT

AND BRIEF IN SUPPORT THEREOF.

Harry G. Jonnson,

Attorney for Petitioner.

THE GUNTHORP. WARREN PRINTING COMPANY, 210 WEST JACKSON, CHICAGO

NE IK: Geek oy 8 Me PURVES ETE MY QUST AORN g

Spt SEA RE RS REE PO SBI REE AA hah ae

PAGE

Petition for Writ of Certiorari..................... 1

ID MU PUNE wk a Sk Seb Ca cn ns cc cacouhaeees 2

Se MN aan dos iis oageudtenne sakeemctince 6

SS. CIS ns aa 6c eek S A eileen dh chen ees 21

PCR MN ai sai ak cnbheee ce ba vawioeba 22

Brief in Support of Petition for Writ of

SN B.'s bX Gi RR REM OEM Ree Faas cabs 23

Statement of Jurindiction. ...........0ccccceeeseces 24

EE uhh Bub Kenivb ds dendk beunh Ka han ia bem en cols 43

. Summary of Immigration Inspector............ 43

Finding of Assistant to Secretary of Labor...... 43

First Opinion of Court of Appeals.............. 43

Second Opinion of Court of Appeals............ 47

Summary or ARGUMENT.

A. The decision rendered herein is in conflict with

the decisions of several other Circuit Courts of Appeal

on the same matter.

B. The decision of the United States Circuit Court

of Appeals departs from the accepted and usual

course of judicial proceedings of like matter.

C. The decision of the United States Cireuit Court

ef Appeals is in conflict with applicable decisions of

this court.

D. The decision of the United States Cireuit Court

of Appeals has sanctioned such a departure by the

Department of Labor in like matter, as to call for

an exercise of the Supreme Court’s power of super-

vision.

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ak

mS oL PA ASEM Sm TEEN TU TA

ee

ll

KE. The Petitioner, by the ruling of the Depart-

ment of Labor, has been deprived of his liberty with-

out due process of law and in violation of the Fifth

Amendment of the Constitution of the United States

of America.

F. No order for Deportation has been made by the

Secretary of Labor.

Cases Crrep.

Baltimore & Ohio Railroad v. U. S., 264 U. S.

DASA CESK GSAS WENKS WEA b44R kha bo ewkk Sakis 23, 26, 31

Curier Post Publishing Co. v. Federal Commission.. 30

Department of Finance v. Goldberg, 370 Ill. 578...... 23

Hanges v. Whitfield, 209 Fed. 675.............. 23, 27, 32

In re Japanese Immigrant Case, 189 U. S. 86... .23, 27, 37

Interstate Commerce Commission v. Louisville &

National Railway, 227 U. S. 88.................. 23, 26

Low Wah Suey v. Backus, 225 U. S. 460........... 25, 31

Morgan v. U. S., 298 U. S. 478................ 23, 25, 31

Union Mutual Life Insurance Company v. Slee, 123

Me Naso ah CA aa Ek oe kkc ok camo haw cadtens 37

United States v. Brough, 15 F. (2d) 377............ 46

U.S. v. Abilene & 8S. Railway Co., 265 U. S. 274. .23, 25, 31

Statutes Crrep.

United States Code, See. 155, Title 8.............. 24, 44

Oe a ae ae wae

IN THE

Supreme Court of the United States

Octoser Term, A. D. 1945.

THE UNITED STATES OF AMERICA,

EX REL. CONSTANTINOS KARPATHIOU,

Petitioner,

vs.

ANDREW JORDAN, District Drrecror or ImmicRATION

AND NaTuraLizaTIon, Cuicaco District,

Respondent.

PETITION FOR WRIT OF CERTIORARI TO REVIEW

DECISION OF THE UNITED STATES CIRCUIT

COURT OF APPEALS FOR THE SEVENTH CIRCUIT.

To the Honorable Judges of the

Supreme Court of the United States:

Petitioner, Constantinos KarpaTHiou, prays the issuance

of a Writ of Certiorari to review the decision by the

United States Cireuit Court of Appeals of the Seventh

District, rendered February 18, 1946, in case 8851, in that

the court affirmed the judgment of the District Court of the

United States. The United States District Court dismissed

the Petition of your Petitioner for a Writ of Habeas

Corpus.

ConsTantTINos KarpaTHIOU,

By Harry G. Jounson,

His Attorney.

3 Be,

STATEMENT OF FACTS.

This action came before the District Court upon a Peti-

tion for a Writ of Habeas Corpus on behalf of Constantinos

Karpathious, Petitioner herein, against Andrew Jordan,

District Director of Immigration at Chicago, Illinois. The

Petition alleged that the Petitioner was restrained and

imprisoned by the said Andrew Jordan by virtue of a cer-

tain pretended warrant of arrest issued on the 14th day of

January, 1934; further alleged that after his arrest, a

hearing was had before the Immigration Inspector at Mil-

waukee, Wisconsin and that after said hearing the Peti-

tioner was informed that on the 7th day of July, 1938, a

warrant for his deportation had been issued by the Secre-

tary of Labor at Washington, D. C.

The Petition further alleged that the said warrant of

deportation is void and issued without authority of law

for the following reasons:

1. That your Petitioner is lawfully entitled to re-

main in the United States.

2. That said warrant of deportation was not sus-

tained by any evidence at the hearing afforded your

Petitioner by the Inspector in charge of Immigration

and Naturalization at Milwaukee, Wisconsin.

3. That your Petitioner was not afforded a full and

fair hearing by the Department of Labor or by the

Inspector in charge of said hearing.

4. That no legal evidence was heard by the Inspec-

tor or by the Department of Labor upon which the

deportation warrant could legally be predicated.

5. That your Petitioner was not found as a matter

of fact managing a house of prostitution or music or.

dance hall or other place of amusement and that no

evidence supporting said charge was adduced before

the Inspector or Department of Labor in said hearing.

6. That your Petitioner was denied the right to

cross-examine witnesses which right is guaranteed him

by the Constitution of the United States.

\ 7. That said Andrew Jordan, District Director of

Immigration at Chicago, Illinois, or any other officer

having custody of Petitioner has no warrant whatso-

ever for the commitment or detention of Petitioner.

That upon the filing of said Petition and notice to the

District Attorney, an order was entered granting leave to

respondent to file a reply or motion to dismiss said Petition

within five days and said motion was set for hearing June

Ist, 1945.

That thereafter on the 29th day of May, 1945, the re-

spondent Tiled 4n the Clerks office his Motion to dismiss

the Petition. Said Motion set forth: ‘‘The Petitioner was

arrested on October 28, 1936 by Immigrant Inspector

Lawrence Giesking on warrant of arrest issued by the

Secretary of Labor, dated October 27, 1936. He was ac-

corded hearings pursuant to said warrant of arrest on

October 27, October 29 and November 6, 1936 and on No-

|vember 18, 1937. At each of these hearings he was rep-

resented by counsel. The Secretary of Labor having con-

sidered the evidence directed the Petitioner’s deportation

ito Greece on the charge that the Petitioner is subject to

deportation under Section 19 of the Immigration Act of

February 5, 1917 in that he is employed by, in, or in con-

nection with a house of prostitution; and that he is an

inmate of a house of prostitution. The Petitioner was

released under bond of One Thousand Dollats ($1000.00)

| pending deportation. When he was surrendered by the

| surety for deportation on July 16, 1938, he filed a Petition

for Writ of Habeas Corpus which was issued by this Court

on July 16, 1938 under Habeas Corpus Cause No. 47.

After due hearing upon the Petition, Honorable Charles

IIPS LET AL

4

E. Woodward, Judge of this Court, dismissed the Writ

of Habeas Corpus and remanded the Petitioner to the

-eustody of the District Director of Immigration and Nat-

uralization at Chicago, Illinois. The Petitioner appealed

to the Circuit Court of Appeals for the 7th Circuit and on

October 20, 1939 that Court affirmed the order of the United

States District Court. This case is reported in 106 F. 2d

928. The Petitioner then appealed to the United States

Supreme Court and certiorari was denied. (60 Sct. 721,

309 U. S. 681, 84 L. Ed. 1024.) The record which was

certified to the Circuit Court of Appeals may be found in

Habeas Corpus Cause No. 47 which is a part of the official

records of this Court. A copy of the decision of the Circuit

Court of Appeals is attached hereto, made a part hereof

and marked Exhibit One (1).

The Court is further informed that the Petition for

Writ of Habeas Corpus now before this Court is identical

with the original Petition which was dismissed by this

Court and which order of dismissal was affirmed by the

Cireuit Court of Appeals and certiorari was denied by the

United States Supreme Court. No new issues of any kind

are raised by the new Petition.

Wherefore your respondent respectfully moves the Court

to dismiss the Petition for Writ of Habeas Corpus filed

herein.’’

A hearing on said Petition and Motion was had on June

1st, 1945, and an order entered dismissing said Petition.

Notice of Appeal to the United States Cireuit Court of

Appeals, Points of errors relied upon for reversal, Prae-

cipe for Transcript of record and several stipulations were

duly filed and appear in the Record. The Abstract of the

testimony also appears in the Transcript of the Record

filed herein.

5

Exhibit Two was a record of hearings accorded the Peti-

tioner on October 29, November 6, and August 18, 1937.

Exhibit Three is a copy of the warrant of deportation dated

January 14, 1938 and signed by Turner W. Battle, an

Assistant to the Secretary of Labor, directing Petitioner’s

deportation.

Thereafter, Petition for appeal to the United States Cir-

cuit Court of Appeals was filed granting said appeal and

ordering said Petitioner admitted to bail pending the final

determination of his appeal; and thereafter the Relator

filed his assignment of errors in the said District Court

and an order was entered upon Stipulation of Counsel, that

the original file, papers and records may be considered

by the United States Circuit Court of Appeals in lieu of a

certified copy of same. A praecipe for transcript of record

was duly filed. Notice of appeal was served upon the

United States District Attorney.

THE EVIDENCE.

In order to properly present the issues in this case to

this court, it will be necessary for us to quote quite ex-

tensively from the evidence.

ConsTANTINOS KARPATHIOU:

Also known as Gus Pururres.

I was born September 15, 1888, in Vathy, Greece. I now

live at Route #3, Beaver Dam, Wisconsin. My oceupa-

tion is that of a cook. I am employed by May Phillips in

the Willow Inn at Beaver Dam. I live at the same place

where I am employed. I have been employed there about

three years at $35.00 a month, board and room. I am not

married. (Married to an American born woman on Feb- |

ruary 21, 1938, at Dubuque, Iowa.) I entered the United |

States September 23, 1907, New York, as a 3rd class pas- |

senger. Examined by United States Immigrant Inspector |

Paid my head tax. I applied for my first papers on

February 4, 1935 at Fond du Lac, Wisconsin. (Papers |

granted.) I have never committed a crime or misdemeanor. |

The only time I was arrested was for reckless driving, for |

which I paid a fine of $5.00 and cost. I have never veen

the inmate of a house of prostitution or managed such or

assisted in the management of such, nor been employed in

or connected with such a place. I have never managed a

dance or music hall, or any place frequented by prostitutes,

or derived any benefits therefrom or shared in the earnings

of a prostitute. Nor have I assisted, protected, promised

protection, transport, or solicit men for prostitutes. I am

acquainted with Kanelos Paskos. I have known him for

about four years. I met him when I was working in a

>

7

restaurant at Fond du Lac. Everything he said about me

in his statement is a lie. I have never known Pat Murphey

or Hazel Vebeldt. I came to this country when I was a

kid, and I have been here for thirty years and have not

violated any laws and I tried to become an American

citizen. I have spent all of my life in this country. I am

48 years of age. Whatever those people said about me is

not true. What Paskos said about me is not true. He

has a grudge against me. I do not see why I should be

deported. I did not violate any law.

Water BuscHuKkorpr:

I am Sheriff of Dodge County, and live at Juneau, Wis-

consin. I have never had any reports, and my investiga-

tors never found any conditions at Willow Inn which would

indicate that it was being run, or conducted as a house of

il] fame.

WituiaM Hav:

I live at Beaver Dam, Wisconsin. I am eashier of the

Farmers’ State Bank. I have been in the banking business

for 25 years and know the property known as Willow Inn.

During the sale of this property to May Phillips, I have

had occasion to go to the Willow Inn. On those oceasions

I did not notice anything that would in any manner indi-

cate that the place was being conducted as a disorderly

house or a house of ill fame. The place had not had a

reputation of being referred to as a disorderly house. To

my knowledge, it is not known as a house of prostitution.

I know the alien, Gus Phillips. His reputation in Beaver

Dam is very good. I know Kanelos Paskos. His reputa-

tion in Deaver Dam is very poor, and his reputation for

truthfulness is none too good. I would not believe him

under oath. I have seen Gus Phillips once or twice a

month. I go to the Willow Inn practically every month,

sometimes twice a month.

Henry Krvuecer:

I live at Beaver Dam. My occupation is that of a farmer

and Assemblyman. I have lived in Beaver Dam practically

my entire life. I have been an Assemblyman for the past

four years and have been re-elected. I have been Town

Chairman for the Town of Beaver Dam for a number of

years. As such Chairman, one of my duties is to issue

tavern licenses. I know where the Willow Inn is. I have

never had any complaint of any nature against that tavern.

The application for license was made by May Phillips and

granted to her. I have known Gus Phillips for about three

years. I have never heard anything derogatory to his

reputation and have never heard anything bad about him.

I know Kanelos Paskos. He made an application for a

license in the name of some other name and the license was

not granted, and he made several threats against me at

that time. I know he has been arrested several times.

While I was Chairman, no complaints were made to me

about the Willow Inn, or May Phillips. The Town Board

has a committee to make investigations. While I was in

the Willow Inn I never observed anything that would indi-

cate to me that the place was being run as a house of ill

fame.

EMMERSON WALDHIER:

Tiive at Beaver Dam. My occupation is that of a jeweler

for the past 17 years. I know the premises known as

Willow Inn, and May Phillips. I have business dealings

with her. I also know Gus Phillips and Kanelos Paskos.

I have known Phillips for about three years. As far as I

know you can’t find a cleaner cut man than Gus Phillips.

In fact, I never heard anything bad about him. I have

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stopped by the Willow Inn several times. I have never

heard that the place was being conducted as a house of ill

fare, and when there I did not notice anything out of the

way. I know that Kanelos Paskos has not got a good

reputation. ‘he first I knew of him was when he killed

a man and served time for it. I would absolutely not

believe him under oath. I would say that Phillips is a very

much respectful sort of a fellow and could be trusted. May

Phillips owns and manages the Willow Inn. I have been

there several times and when there I never noticed any

women hanging around there.

Harry Ben HENDLER:

I live at Beaver Dam, Wisconsin. I am managing a fruit

Market. I know the premises known as Willow Inn and

Gus Phillips, as well as May Phillips. I have known them

for about 2) years. I know that May Phillips is the owner

of those premises. I have been there quite often. I have

never heard that the reputation of Willow Inn was that of

a house of ill fame, and it has always borne a good reputa-

tion. When I was there nothing ever happened that would

indicate that it was being conducted as a house of ill fame.

I have never been solicited by anyone there. It has always

been operated as a good clean tavern. I know Kanelos

Paskos. I know that his reputation is the opposite of being

a law abiding citizen. His reputation is bad. I would not

believe him under oath. Such is his general reputation in

Beaver Dam.

Arruur J. Cisco:

I run a market at Beaver Dam. I know Gus Phillips for

about three years. I also know May Phillips. I have been

at Willow Inn several times. When there I did not notice

anything about the place being operated as a house of ill

PN EE AO.

a TEATS

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fame. No woman ever solicited me there. I never knew

anything bad about Gus Phillips, and the Willow Inn has a

good reputation.

Gus ANTONOPOULOS:

I run a shoe shining parlor and hat cleaning shop at

Beaver Dam. I know Constantinos Karpathiou for the

past three years. I have been to the Willow Im with my

family several times. I never noticed anything about the

place that would indicate to me that it was being run as a

house of ill fame. The place, since run by May Phillips,

always had a reputation of being a good clean place, and

Gus has a reputation of being a very nice fellow. I never

heard anything bad about him. I know Paskos since he

was a kid in the old country. I know he was arrested in

Greece. Llis reputation in Beaver Dam is very bad. I

would not believe him under oath. Miss Phillips manages

the Willow Inn. I have never seen Gus Phillips manage it.

The only thing I saw him do there was working in the yard.

I never noticed any women hanging around or loitering

around the place.

Tom Euan:

I am tavern keeper at Beaver Dam. I have lived there

for 26 years. | know what is going around the country.

I never heard anything bad about the Willow Inn, or May

Phillips. Ever since I have known Gus Phillips, everyone

seems to think he is a good fellow. IT have stopped by the

Willow Inn very often. No one there solicited me. It is

run as an ordinary tavern. I know Kanelos Paskos for

25 or 26 years. I know he has been arrested several times.

I do not think his reputation is very good. I have often

heard that the Willow Inn is the cleanest place in the

country.

1l

Gust THomas:

I am working at a tavern. I have known Constantinos

Karpathiou since 1932. I met him while working in a

restaurant at Fond du Lac. I know the place known as

Willow Inn. In fact, I used to have the place myself. [

sold the place to May Phillips in 1933. While I had the

place I never ran it as a house of ill fame. I have been

back there quite a few times. I have never heard anything

wrong about the place. I have never been arrested. All T

ever saw Gus Phillips do there was to clean up and working

around the place.

Mike VourGanas:

Tama tavern keeper. 1 have lived in Fond du Lae for

the past twenty years. I know Gus Phillips. He has a

good reputation,

Mike Faaas:

T work on the W. P. A. It is not true that I got my wife

io go to work at the Willow Inn to practice prostitution.

She don’t know what she is talking about. She can’t read

and understand nothing and is very nervous. She told me

she was working there for $6.00 a week. We have been

married for 3 years. She is very sick. I had the doctor

only last night. She is expecting a baby. She does not

know what she is talking about at all. The doctor told me

she did not know the difference between wrong and right.

Daniev M. Frervac:

IT am a soda water manufacturer and wholesale dealer.

I live at Beaver Dam. I have been to the Willow Inn very

often. During the time T was out there, T never noticed

anything in connection with the operation of the place that

would indicate that it was being run as a house of ill fame.

12

I never heard anything derogatory about Gus Phillips. I

never thought Gus Phillips was managing the Willow Inn.

His only work is sweeping or cleaning up the place. The

only women I saw there were always escorted.

Sreve Cones:

I work in a tavern in Fond du Lae. I am married and

have nine children. I know Gus Phillips since 1931. I

have been to the Willow Inn quite often. Whenever I went

there no women ever solicited me. I never saw any women

hanging around there. I know that May Phillips manages

the place. I have known her since 1933. I know that Gus

Phillips is only working at the Willow Inn.

Joun J. O’Mara:

I am Deputy Clerk of the Courts for Dodge County, Wis-

consin. As such Clerk I have charge of the Records of the

Cireuit Court of Dodge County. In reference to criminal

eases, I have checked the record of Kanelos Paskos. I find

a conviction against him on February 16, 1914 of being

guilty of 3rd degree murder, sentenced to 4 years in

Waupun. Another conviction on February 8, 1936, charged

with the violation of the State Liquor Laws ‘and charged

with a fine of $100. These convictions were never reversed.

May PHutiies:

My occupation is that of a tavern keeper in Beaver Dam.

I have never been arrested. I have known Gus Phillips for

4 or 5 years. He is working for me now. I am the owner

and manager of the business. I am paying him $35.00 per

month. I know Kanelos Paskos. I have not been on

friendly terms with him since I let him go for taking money

out of my cash register and he told me then he was going

to get even with me and said he was going to send Gus

back to the old country and put me out of the business.

13

That was about two years ago. He lives just across the

street. I never had any paper made out so it would look

as if I was married to Gus. It is not true that the girls

working for me were practicing prostitution. The place is

run as a straight tavern. I am positive that there is no

prostitution carried on. I never had any girls brought

there for the purpose of practicing prostitution. My trade

is a nice clean class of trade of traveling people. The girls

absolutely never give me any money. I have never been

called on the carpet by either the local, county, or state

authorities in connection with the conduct of my business.

Gust PHI.urps:

Kanelos Paskos’ statement that I am proprietor of the

Willow Inn is not correct. I never did own the Willow

Inn and have no interest therein. I have worked there

about three years. While I was working there I have never

observed anything that would indicate that prostitution

is being carried on. I have never received any money

which was derived from the business of prostitution. It is

not true that the girls did pay me $1.00. I never received

any such money. My salary is $35,00 a month with board

and room. On the 27th of last month only one girl was

working there. She was cooking and cleaning. It is not

true that I was arrested in Akron at the time and jumped

a $1,000 bond, or shot a cop. It is not true that I was

in Fond du Lac in 1931 and had a beer flat and two girls

hustling for me. I never did have a beer flat. While I

have been at the Willow Inn, there never has been any

prostitution carried on. While I have been there, there

has been periodical inspection by the Sheriff’s Office and

Town Office, but there has never been any trouble.

te Ge

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KANELOsS PasKos:

I was arrested in Rockford for carrying a gun, and ar- |

rested last year in Beaver Dam for selling beer without a

license. I was also arrested and fined $25.00 in cost for

driving a car without a license. I went to the Court House

about a year ago to find out whether or not Gus Phillips |

was the owner of the building. I also asked the Registrar

of Deeds to look up whether or not Gus Phillips was a

citizen.

E. EK. ScouMACHER:

I am an attorney and acquainted with Gus Phillips. I

have been District Attorney for the past two years. Dur-

ing that time I have never had any complaint against the

Willow Inn. We have had under cover men working around

the Western part of Dodge County, checking up taverns

and road houses, and have had at least four places pad

locked. There was nothing to indicate that the Willow Inn

was conducted as a house of prostitution. I have never

heard by reputation or otherwise, that the Willow Inn was

run as a house of prostitution. As far as I know it has

a good reputation and is frequented by a nice class of

people. There never has been a complaint either against

the place or against May Phillips or Gus Phillips.

Mike NEUMAN:

I frequently stopped at the Willow Inn. I know a man

by the name of Gus there, who appeared to be the pro-

prietor and bartender, as far as I know. I have been there

about three times in the last year. The last time about

six months ago. There was a girl there, but I do not™...

know whether it was his wife or whose wife. There are

usually one or two girls there. I never talked to them. I

never heard that the girls were prostitutes. I have known

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the place for a long time for one thing, but all I ever knew

about it was that it was like the other places in the country.

You could get drinks there. I do not know May Phillips.

/I never had anything to do with any of the girls there

except to buy a drink. I was never solicited by any of the

girls.

- GeorGE GROLING:

I have been Chief of Police in Beaver Dam since 1915.

I know the road side inn by the name of Willow Inn. I

suspected that he was married to Mrs. Phillips. I never

heard that the place had any girls there. I never heard

any reports about the place. The letter you showed me

addressed to the Department contains only hearsay. I

never knew that there was a girl there. I stopped there for

a glass of beer and there were no girls there at that time.

I know that the Sheriff, during the last three years has

been cleaning up these road houses. I know that in Oc-

tober these investigators were through the entire county.

The only reason I say that May Phillips is the wife of

Gus Phillips, is she told me her name was Mrs. Phillips.

LAWRENCE GIESKING:

I am United States’ Immigration Inspector at Milwaukee,

Wisconsin. I have been assigned to investigate violations

of the Immigration Laws in around Milwaukee the last

two or three years. The statement you show me is a true

statement of what Marie Theresa Gastro Martin made te

me on November 17, 1936. She has since been deported to

Mexico.

Ciara Facas:

I do not remember the Inspector Giesking. After they

left I fainted and did not hear my baby for one month.

At the time the Inspectors were there, I was sick, being

16

‘pregnant. I was nervous and excited. Some Greek fel-

low came there and told me to answer all those questions.

He said if I did not tell the truth they would put me in

jail. I did not tell the truth because I did not do that kind

of business. I was not that kind of a girl. I was a decent

girl. I told them I was a decent kind of a girl and work-

ing there. That was the truth. I never told him I went

to bed with men for money. He did ask me about other

girls there and I told him that the time I was working

there, there was no other girls there. While I was work-

ing there, I never went to a doctor for examination. I do

not know what a prostitute is, or what it means for girls

to do tricks. I do not know Pat Murphey. I never heard

of her. I do not know Johnny Sartino. I got married

about three weeks after I left there. If I answered that

Gus Phillips was the manager of Willow Inn, that was not

right. The reason I said this was at the time I did not

know what to say, yes er no. I fainted at the time. That

other guy that was there deceived me with all that stuff.

The only work I did there was cleaning work. I was paid

$6.00 a week. I did not know what I was saving when I

said they only paid me what I would make out of it. My

answer that I was making $30.00 a week as a prostitute

there, is not correct. I did not know what I was saying

when they asked me that the house got $1.00 out of the

$3.00, and I got the other $2.00. That answer was not cor-

rect. I do not remember making the answer that I gave

Gus Phillips $1.00. It was not the truth that I saw Pat

Murphey was there. I mean the answers were not true.

I am telling the truth today. No one told me to come up

here and refute the statement that I made in October. I

was married four years ago, and have been living with my

husband ever since in Fond du Lac.

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LAWRENCE GIESKING:

Mrs. Fagas was not ill at the time she made the state-

ments, except that she was pregnant. She did not com-

plain about being ill. When we left she went with us to

the door and stood talking with us on the porch. Her

speech at all times was rational. It is true that Kanelos

Paskos went to her ahead of us.

Lawrence McCuure:

The last time I was in the Willow Inn was five or six

years ago. At that time the place was being run by Gus.

I do not know his last name. The alien there is the man.

There were a couple of girls there at that time. I do not

know if May Phillips was there. I suppose they took guys

upstairs. At the time I had a conversation with one of

the girls who did solicit me for prostitution. She said the

price would be $3.00. I have heard that the place had

girls there for prostitution. Only once during the times I

was there did any of the girls talk about prostitution. I

know of nobody else who was asked by any of the girls there

to go to bed for money. I know it was five or six years

ago. I do not remember who I heard it from that they

had girls there. They are supposed to have girls there.

Orro BECKER:

| T have been in the Willow Inn a couple of times just to

have a drink. A man by the name of Gus runs the place.

I am not acquainted with him. He was in the place there

a few minutes and went away. As far as I can make out,

the place is a tavern. They did not have any girls there

the time I was there. There was only one lady in back

of the bar and she served drinks. I only stayed a few

minutes. I heard that they had girls there for prostitution,

but I do not know what the girls were doing. The only

18

girls I saw was the lady behind the bar. I heard some

fellow ask the lady behind the bar where is Blondie, and

she said upstairs. I did not know who Blondie was. They

never had any girls there when I was there.

Anna Kumpsa:

I have been Cashier of Wisconsin Power and Light since

September, 1932. I have charge of and am responsible for

applications for service of the company. I received an

application from Willow Inn. Service is in the name of

May Phillips since October 14, 1935. Before that time, in

the name of May Knieley. I know that she is one and the

same person as Mrs. Phillips.

JoHN SaRTINO:

Pat Murphey came to my restaurant and asked me to

take her to Beloit. She did not tell me what she was

going to do in Beloit. I left her there with Gus Phillips.

About six months afterwards, I received a letter from her

saying that she was working at the Willow Inn. After

many months I went up there and she was working in the

Willow Inn. Gus Phillips was behind the bar. I was

there about a half an hour. I made two or three trips

and saw Pat Murphey there each time. Pat Murphey never

told me she was practicing prostitution at the Willow Inn.

I saw other girls around the place. They were drinking at

the bar and playing a slot machine. None of the girls

solicited me. Pat told me she was making good money as

a waitress. I presume she was working as a prostitute on

her past reputation. I never saw any prostitution carried

on at the Willow Inn. I never was solicited there, and IT _

do not know if Pat Murphey carried on the practice of

prostitution there. That is only my guess.

19

Nick ANGELOS:

None of the girls at the Willow Inn ever went upstairs

with me. Gus never told me if anyone came to my tavern

and looking for girls to send them out there.

Water BuscuKopr:

I have been Sheriff of Dodge County since January 7,

1935. Before that I was traffic officer for four years. While

such traffic officer I did visit the Willow Inn. I thought

Gus Phillips was the proprietor. I never had any reports

about the place being a house of prostitution. I have

had many reports about other such places and they have

all been closed.

May Puuuirs:

I have never posed at the Willow Inn as man and wife.

Gus and I have never lived there as man and wife. I

have never been arrested. I know the property known as

Willow Inn. It is listed under the name May Phillips and

T have the license to that place. The license shows single.

Henry Krvecer:

I ama member of the State Legislature and Chairman of

the Town of Beaver Dam. May Phillips made the ap-

plication for the license. Before the license was issued

to her we did investigate her character. As far as I know,

Gus Phillips had no interest in that tavern. All he did

there was to clean up and manage the house, I suppose. I

have been there at least 15 times in the last five years.

T saw one other girl there besides Mrs. Phillips, onee or

twice when T was there. No girls ever solicited me there.

I never heard of girls soliciting men there. I never heard

that the place was being operated as a house of prosti-

tution.

20

Haroip Strorryer:

I have been at the Willow Inn and saw girls there. Some

of the girls there did ask me to go upstairs to bed with

them. The price was not discussed. I took it for granted

they wanted me to go to bed with them. They also so-

licited my friend with me. We both were of the opinion it

was for prostitution. Only through hearsay did I hear that

the place was a place of prostitution. I cannot prove that,

although I believe it to be true. Nothing was said to me

at this tavern by the girls about any money. Gus Phillips

was not there at the time I said the girls solicited me.

Byron Goopau:

I am Immigration Inspector at Chicago, Illinois. I in-

vestigated several places around Beaver Dam in 1936, in-

eluding the Willow Inn. I was stopped at some of these

places and solicited, but I never was personally solicited

at the Willow Inn. Gus Phillips was not there when I

was at the Willow Inn. On the 17th day of August, I met

May Phillips there and asked her if she had any girls, and

she said she had two girls, one of them housekeeper and

the other bar maid. I have been told that the Willow Inn

was a place operated as a house of prostitution. I inquired

of several persons in and around Beaver Dam and they

all told me that the Willow Inn was a house of prosti-

tution.

— >

21

THE CONTESTED ISSUES.

1.

_ It is contended by the Petitioner that the Court erred

‘in ordering that the Writ be made absolute and remanded

‘the Petitioner to the custody of the District Director of

Immigration and Naturalization.

9

~e

_ That the Court erred in not releasing the Petitioner on

said Writ of Habeas Corpus,

|

3.

That the Court erred in finding that the said order of

deportation is supported by legal and competent evidence.

4,

That the Court erred in not holding that the warrant

of deportation was void and of no effect.

5.

That the Court erred in not holding that the Petitioner

had been deprived of his liberty without due process of

law and in violation of the Fifth Amendment of the Con-

stitution of the United States of America.

PRAYER FOR RELIEF.

Wherefore, your Petitioner prays the allowance of a

writ of certiorari to the United States Circuit Court of |

Appeals for the Seventh Circuit to the end that this cause —

may be reviewed and decided by this Court and the judg-

ment and order entered herein be reversed and for such

relief as this court may seem meet.

Harry G. Jounsoxn,

Attorney for Petitioner.