In re Carlsen's Petition

Citations

• 130 F. 379
• 1904 U.S. Dist. LEXIS 257

Syllabus

<p>1. Hospitals — Detention op Patients — Habeas Corpus — Return.</p> <p>Where, on the arrival of a British ship, petitioner, a seaman, was admitted to a hospital through the intervention of the British consul, to be treated for an injury received on the vessel, allegations in a return to a writ of habeas corpus that he was not fully cured at the time he applied for his discharge from the hospital; that, if discharged, he would be likely to become'a public charge, and that the master of the vessel had directed that he be detained until he might be returned to the port from which he came, were insufficient to justify the hospital authorities in restraining petitioner of his liberty.</p> <p>2. Same — Aliens. .</p> <p>Where the immigration authorities were not parties to a writ of habeas corpus by an alien seaman to procure his discharge from a hospital to which he had been admitted for treatment for an injury sustained on board his vessel, the fact that he had never been admitted to the United States by such immigration authorities, and that under the immigration laws of the United States it was the duty of the master of the vessel to return him to the port from which he came, was no ground for refusing to discharge petitioner from detention at such hospital.</p>