United States ex rel. Haft v. Tod

MAYER, Circuit Judge.

In view of the opinion of Judge Winslow in the Brugnoli Case,, it is necessary to discuss only the single question which we think merits consideration. It is entirely plain, as pointed out in the opinion below, that relator has never become a public charge, and is not likely to become a public charge, and all this has been affirmatively demonstrated in relator’s favor. There is thus left only the question as to whether relator, at the time of entry, was a member of one or more of the classes excluded by law.

Section 3 of the Act of February 5, 1917 (Comp. St. 1918, Comp.…