United States v. Lem Hoy, 330 U.S. 724 (1947)

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE SOUTHERN DISTRICT OF CALIFORNIA

Syllabus

1. Section 5(g) of the Farm Labor Supply Appropriation Act of 1944 does not except agricultural laborers from the provision of § 5 of the Immigration Act of 1917 making it a criminal offense to induce to migrate to the United States as contract laborers aliens who are not entitled to enter the United States under the 1917 Act or any other law of the United States. Pp. 730-731.

2. Since dismissal of the information in this case was based on the construction of the 1917 Act as the Government sought to apply it in the information, the case was properly brought to this Court on direct appeal from the district court. P. 725.

Reversed.

A United States District Court dismissed an information charging a violation of § 5 of the Immigration Act of 1917, 39 Stat. 874, by inducing aliens to migrate to the United States as contract laborers -- on the ground that § 5(g) of the Farm Labor Supply Appropriation Act of 1944, 58 Stat. 11, excepts agricultural laborers from the provisions of the 1917 Act. On direct appeal to this Court, reversed, p. 731.