Two letters, 1906 to 1907, by Henry M. Hoyt, Solicitor General and Acting U.S. Attorney General, on medical issues of immigration law and a Supreme Court immigration case.

Of the law of illegal aliens and contagious diseases

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Henry Martyn Hoyt, Jr. (1856–1910) served as United States Solicitor General from 1903 to 1909. These two letters were addressed to U.S. attorney Whitaker Thompson.

The highlight is a 5-page letter on legal issues regarding illegal aliens and contagious diseases, focusing on the case of ailing immigrant Hagop Cachigian. Hoyt outlines the law on denying U.S. admission due to mental or physical disability, or contagious disease.

It is contended that the certificate of the examining surgeon should have stated that the disease could have been detected by competent medical examination at the time of embarkation. Such a proposition is not supported by the statute. It is true that section 9 of the act of March 3, 1903, supra, provides for a penalty by the steamship company for bringing aliens to this country afflicted with a dangerous contagious disease where it appears that such disease might have been discovered by competent medical examination at the time of embarkation, but this has no application to the requirements which must be met by the alien when seeking admission to the country. Ordinarily the only question as to him is, whether at the time of his application for admission he is afflicted with a dangerous contagious disease. ...it must be established by the alien that his disease was contracted on board ship…the right of the alien to land must further depend upon whether the disease is “easily curable,” and also whether the alien can be permitted to land “without danger to other persons.” (February 27, 1907, pp3–4)

The conclusion of the letter concerns Cachigian’s children, Hoyt making it clear that that question has already been determined by the U.S. Supreme Court in Charles Zartarian v. United States.

Hoyt’s second letter refers to “Taylor v. The United States, which case involves the construction of section 18 of the Immigration Act of 1903 now in the Supreme Court of the United States.”

A third letter from a different Acting Attorney General concerns a man, possibly related to Hagop Cachigian, who was ordered deported for an eye infection.

Price: $250.00