United States Ex Rel. Petach v. Phelps

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

We take judicial notice of the fact that at the times when these arrest and deportation warrants were signed both Smelser and Snyder were Assistants to the Secretary of Labor, duly appointed and qualified under the Act of Congress of March 4, 1927 (5 USCA § 613a). Keyser v. Hitz, 133 U. S. 138, 10 S. Ct. 290, 33 L. Ed. 531; MacKusick v. Johnson (C. C. A.) 3 F.(2d) 398. These assistants were by the above statute empowered to “perform such duties as may be prescribed by the Secretary of Labor or required by law.” Thex-e is no express…