Karnuth v. United States, 279 U.S. 231 (1929)

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Karnuth v. United States

No.198
Argued March 5, 1929
Decided April 8, 1929
279 U.S. 231

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SECOND CIRCUIT

Syllabus

1. Whether the stipulations of a treaty are annulled by a subsequent war between the parties to it depends upon the intrinsic character of the stipulations. P. 236.

2. The provision in Art. III of the Treaty of 1794 granting to the subjects of Great Britain and the citizens of the United States the right freely to pass and repass into the respective territories of the contracting parties on the continent of America was abrogated by the War of 1812. Pp. 235-241.

3. In the clause in Article XXVIII of the Treaty providing that its first ten articles shall be "permanent," but that the subsequent articles, except the twelfth, shall be limited in their duration to twelve years, the term "permanent" is employed merely to differentiate the first ten from the subsequent articles, and not as a synonym for "perpetual" or "everlasting." P. 242.

4. Long acquiescence by our government, after the War of 1812, in the continued exercise by inhabitant of Canada of the privilege of passing and repassing the international boundary is not a ground for presuming that a revival of the treaty obligation in that regard was recognized. P. 242.

5. Under the Immigration Act, § 3, any alien coming from anyplace outside of the United States who is not within one of the exceptions, is an immigrant, whether he come to reside permanently or for temporary purposes. P. 242.

6. In clause (2) of § 3 of the Act, making an exception in favor of aliens visiting the United States "temporarily for business or pleasure," the term "business" is to be interpreted with regard to the policy of Congress to protect American labor revealed by the history of the legislation, and does not include labor for hire. P. 243.

24 F.2d 649 reversed.

Certiorari, 278 U.S. 594, to review a judgment of the circuit court of appeals which reversed, on appeal, a judgment of the district court dismissing a writ of habeas corpus. The writ had been sued out on behalf of two aliens who were detained by immigration officers.