United States Ex Rel. Brazier v. Commissioner

(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 States”; therefore this matter must take the same course as was directed in the decision cited.

But it is argued that because the act of 1920, does “no more than add to the list of…