United States ex rel. Johnson v. Watkins
Court of Appeals for the Second Circuit
1DissentClark, Circuit Judge
I agree with the propositions of law stated in the opinion, but am troubled by another matter not there discussed, namely, the stark and unadorned form of medical certificate, i. e., that relator “has this day been examined and is found to be afflicted with—
MENTAL DEFECTIVE
Class ‘A,’”
followed by the signatures of two surgeons. The Immigration Act of 1917, 8 U.S.C.A. § 136(d), provides for the exclusion of persons “who are found to be and are certified by the examining surgeon as being mentally or physically defective,” thus in respondent’s own words providing that “the examining surgeons were…
2Cases cited6 opinions
- States ex rel. Devenuto v. CurranCourt of Appeals for the Second Circuit · 1924
- United States Ex Rel. Fong on v. DayCourt of Appeals for the Second Circuit · 1932
- United States Ex Rel. Powlowec v. DayCourt of Appeals for the Second Circuit · 1929
- Hughes v. United States ex rel. LicataCourt of Appeals for the Third Circuit · 1924
- United States ex rel. Papa v. DayDistrict Court, S.D. New York · 1930
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