Williams v. United States ex rel. Klein

Second Circuit

Williams v. United States ex rel. Klein

206 F. 460, 124 C.C.A. 366, 1913 U.S. App. LEXIS 1573

CourtCourt of Appeals for the Second Circuit

DecidedJune 12, 1913

DocketNo. 248

StatusPublished

This text of 206 F. 460 (Williams v. United States ex rel. Klein) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Williams v. United States ex rel. Klein, 206 F. 460, 124 C.C.A. 366, 1913 U.S. App. LEXIS 1573 (2d Cir. 1913).

Pincite

Opinion

COXE, Circuit Judge.

The only charge against Karola .Klein is that she has no means of support and is liable to become a public charge. This question was considered and decided by Judge Holt when she and Isidor Klein were first arrested in 1911 and he pronounced the assertion that they were likely' to become public charges “strained, far-fetched and almost fantastical.”' (C. C.) 189 Fed. 915 We have carefully- examined the testimony and are not disposed to disagree. with this characterization. There is nothing to show that Karola Klein is an immoral person or a pauper.

At the time of the first hearing there was testimony that the aliens had property valued at more than $600. Karola is an actress and came here with gowns valued at $1,200. In the face of this testimony we cannot assume that Karola is unable to support herself. She has been in this country for two years and there is not a particle of proof that she has been supported by charity or at the expense of the public.;

We cannot assume a proposition which has no evidence to sustain it and which is contrary to the proof and all the presumptions to be drawn therefrom.

The order sustaining the writ as to Karola Klein is affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

COXE, Circuit Judge.

The only charge against Karola .Klein is that she has no means of support and is liable to become a public charge. This question was considered and decided by Judge Holt when she and Isidor Klein were first arrested in 1911 and he pronounced the assertion that they were likely' to become public charges “strained, far-fetched and almost fantastical.”' (C. C.) 189 Fed. 915 We have carefully- examined the testimony and are not disposed to disagree. with this characterization. There is nothing to show that Karola Klein is an immoral person or a pauper.

At the time of the first hearing there was testimony that the aliens had property valued at more than $600. Karola is an actress and came here with gowns valued at $1,200. In the face of this testimony we cannot assume that Karola is unable to support herself. She has been in this country for two years and there is not a particle of proof that she has been supported by charity or at the expense of the public.;

We cannot assume a proposition which has no evidence to sustain it and which is contrary to the proof and all the presumptions to be drawn therefrom.

The order sustaining the writ as to Karola Klein is affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

206 F. 460, 124 C.C.A. 366, 1913 U.S. App. LEXIS 1573, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-united-states-ex-rel-klein-ca2-1913.

Opinion

Related

Cite This Page — Counsel Stack