In re BAN. 1927. 21 F.(2d) The writ of certiorari, which is a discretionary writ at common law, will not issue District Court, W. D. New York. October 11, where the petitioner has a plain and adequate remedy by habeas corpus, or otherwise. In this conclusion I follow the reasoning of Judge Hough in United States v. Rauch (D. C.) 253 F. 814. 1. Certiorari 4-Certiorari will not Issue where petitioner has plain adequate remedy by habeas corpus. Writ of certiorari is discretionary, and will not issue where petitioner has plain and adequate remedy by habeas corpus. 2. Aliens 32(13)-Certiorari will not issue to review order of Secretary of Labor for deportation of alien to one country rather than another. Certiorari will not issue to review order of the Secretary of Labor for deportation of alien to one country rather than to another. Deportation. Petition of Josep Ban for writ of certiorari to review determination of the Secretary of Labor, issuing warrant for deportation of petitioner. Denied. Jay T. Barnsdall, Jr., of Buffalo, N. Y., for petitioner. Richard H. Templeton, U. S. Atty., of Buffalo, N. Y. (Roy P. Ohlin, Asst. U. S. Atty., of Buffalo, N. Y., of counsel), for respondent. ADLER, District Judge. This is an application for a writ of certiorari for the purpose of reviewing the determination of the Secretary of Labor, who, on January 29, 1927, issued a warrant for the deportation of the petitioner to Jugo-Slavia. The petitioner entered the United States from Canada illegally, and was apprehended at Niagara Falls on December 22, 1926. He is a native of JugoSlavia and in or about July, 1924, entered Canada at the port of Halifax, and remained in Canada until he attempted illegal entry into the United States. Thereafter he was released upon $1,000 bail by the United States immigrant inspector in charge at Buffalo, N. Y. On or about March 25, 1927, he re-entered the Dominion of Canada, where he now is. This writ is sought for the purpose of determining the validity and legality of the warrant deporting Ban to Jugo-Slavia instead of to Canada. [1, 2] The first question is, Can the proceedings of the Department of Labor and the warrant of deportation be reviewed by a writ of certiorari? The questions raised by the petition, and the review of the determination of the Secretary of Labor, can be determined by suing out a writ of habeas corpus. Cegiow v. Uhl, 239 U. S. 3, 36 S. Ct. 2, 60 L. Ed. 114; United States v. Tod (C. C. A.) 1 F. (2d) 246. 21 F. (2d)-64 It being determined that certiorari cannot properly be invoked in this case, the questions raised by the petition are not considered. The petition for the writ is denied. MEMORANDUM DECISIONS 1 AI LAU, Plaintiff in Error, v. UNITED STATES. Circuit Court of Appeals, Eighth Circuit. May 12, 1927. No. 7681. In Error to the District Court of the United States for the Southern District of Iowa. William B. Schroder, of Rock Island, Ill., for plaintiff in error. Ross R. Mowry, U. S. Atty., of Newton, Iowa. PER CURIAM. Writ of error dismissed, without costs to either party in this court, on motion of defendant in error, under rules 23 and 24. 2 Charles P. ANDERSON, etc., Appellant, v. Albert CARMICHAEL, as Presiding Bishop, etc. Circuit Court of Appeals, Eighth Circuit. April 13, 1927. No. 7811. Appeal from the District Court of the United States for the Western District of Missouri. See, also, 14 F. (2d) 166. North T. Gentry, of Jefferson City, Mo., for appellant. William C. Michaels, of Kansas City, Mo., for appellee. PER CURIAM. Appeal docketed and dismissed at costs of appellant, per stipulation of parties. In Error to the District Court of the United States for the District of Wyoming. A. C. Allen, of Riverton, Wyo., Joseph C. O'Mahoney, of Cheyenne, Wyo., and M. Robert Healy and Maurice Breen, both of Ft. Dodge, Iowa, for appellee. PER CURIAM. Appeal docketed and dismissed, with costs, per stipulation of parties. 5 C. Burk, of Riverton, Wyo., for plaintiffs in W. I. BIDDLE, Warden, etc., Appellant, v. error. Roderick N. Matson and Clarence A. Swainson, both of Cheyenne, Wyo., for defendant in error. PER CURIAM. Motion of plaintiffs in error for continuance denied, and writ of error dismissed on motion of defendant in error, under rules 23 and 24. 3 Cin BEARSE, Plaintiff in Error, v. UNITED STATES. Circuit Court of Appeals, Eighth Circuit. May 9, 1927. No. 7510. In Error to the District Court of the United States for the District of Minnesota. John Lee Webster, of Omaha, Neb., for plaintiff in error. Vuco PEROVICH. Circuit Court of Appeals, Eighth Circuit. August 30, 1927. No. 7410. Appeal from the District Court of the United States for the District of Kansas. Reversing judgment 9 F. (2d) 124. See, also, 274 U. S. 480, 47 Sup. Ct. 664, 71 L Ed. Al F. Williams, U. S. Atty., of Topeka, Kan., for appellant. George T. McDermott, of Topeka, Kan., for appellee. PER CURIAM. Reversed, without costs to either party in this court, and remanded, with directions to dismiss writ of habeas corpus, without prejudice, per stipulation of parties. 1 21 F.(2d) August BLIXT et al., Appellants, v. Sam A. W. P. DORMAN, Bankrupt, Appellant, v. John ZEIGLER. Circuit Court of Appeals, Eighth Circuit. No. 7586. Appeal from the District Court of the United States for the District of Nebraska. Walter V. Hoagland and Edward E. Carr, both of North Platte, Neb., for appellants. Mainard E. Crosby, Joseph G. Beeler, and C. Leslie Baskins, all of North Platte, Neb., for appellee. PER CURIAM. Appeal dismissed, at costs of appellant, per stipulation of parties. L. CONNOLLY, Trustee, etc. No. 7144. Appeal from the District Court of the United States for the District of Kansas. F. B. Wheeler, of Pittsburg, Kan., James G. Sheppard, of Ft. Scott, Kan., and Lewis H. Phillips, of St. Louis, Mo., for appellant. D. G. Smith and C. A. Burnett, both of Girard, Kan., for appellee. PER CURIAM. Appeal dismissed, with costs, on motion of appellee, under rules 23 costs, on motion of appellee, under rules 23 and 24. 2 CARLETON DRY GOODS CO., Appellant, v. Circuit Court of Appeals, Eighth Circuit. Nos. 7890, 7891. Appeals from the District Court of the United States for the Eastern District of Missouri. 5 W. M.EDDINGTON et al., Plaintiffs In Error, v. UNITED STATES. Circuit Court of Appeals, Eighth Circuit. No. 7609. In Error to the District Court of the United States for the Northern District of Oklahoma. Washington E. Hudson and John T. HarLuther Ely Smith and E. E. Pearcy, both ley, both of Tulsa, Okl., for plaintiffs in of St. Louis, Mo., for appellant. E. H. Angert and Frank H. Sullivan, both of St. Louis, Mo., for appellee. PER CURIAM. Appeals docketed and dismissed, pursuant to stipulations of parties. error. John M. Goldesberry, U. S. Atty., of Tulsa, Okl. PER CURIAM. Writ of error as to Harry White dismissed, without costs to either party in this court. 2 William FOWLER, Plaintiff In Error, v. UNITED STATES. Circuit Court of Appeals, Eighth Circuit. September 14, 1927. No. 7963. In Error to the District Court of the United States for the District of Utah. Vere L. McCarthy, of Salt Lake City, Utah, for plaintiff in error. Charles M. Morris, U. S. Atty., of Salt Lake City, Utah. PER CURIAM. Writ of error docketed and dismissed, on motion of defendant in error, under rule 16. 3 Edith FOX, Plaintiff in Error, v. UNITED STATES. Circuit Court of Appeals, Eighth Circuit. February 12, 1927. No. 7748. In Error to the District Court of the United States for the Northern District of Oklahoma. J. C. Cornett, of Pawhuska, Okl., for plaintiff in error. John M. Goldesberry, U. S. Atty., of Tulsa, Okl Percy GALE, Plaintiff in Error, v. UNITED STATES. Circuit Court of Appeals, Eighth Circuit. March 22, 1927. No. 7790. In Error to the District Court of the United States for the Western District of Missouri. Ira B. McLaughlin, of Kansas City, Mo., for plaintiff in error. Roscoe C. Patterson, U. S. Atty., of Kansas City, Mo. PER CURIAM. Writ of error docketed and dismissed, without costs to either party in this court, per stipulation of parties. 5 Juan G. GALLARDO, Treasurer, Defendant, Circuit Court of Appeals; First Circuit. Nos. 2052-2054, 2066, 2067, 2069–2080. Appeals from the District Court of the United States for the District of Porto Rico. William C. Rigby, of Washington, D. C., J. A. Lopez Acosta, of San Juan, Porto Rico, George C. Butte, Atty. Gen., for appellant. Nelson Gammans, of New York City, for La Plata Tobacco Co. David A. Buckley, Jr., of New York City, for Fajardo Sugar Co. Francis E. Neagle, and Rounds, Dillingham, Mead & Neagle, all of New York City, for South Porto Rico Sugar Co. and Horace Havemeyer and others. Before BINGHAM, JOHNSON, and ANDERSON, Circuit Judges. 21 F.(2d) and the cases are remanded to that court, with directions to dismiss for want of jurisdiction, without costs to either party. 1 Leon GLECKMAN, Appellant, v. Edward RUSTAD, U. S. Marshal, etc. Circuit Court of Appeals, Eighth Circuit. May 14, 1927. No. 7662. Appeal from the District Court of the United States for the District of Minnesota. Thomas V. Sullivan and Frank E. McAllister, both of St. Paul, Minn., for appellant. Lafayette French, Jr., U. S. Atty., of St. Paul, Minn., for appellee. PER CURIAM. Appeal dismissed, without costs to either party in this court, per stipulation of parties. 2 GOODYEAR TIRE & RUBBER COMPANY, Circuit Court of Appeals, First Circuit. No. 2134. Error to the District Court of the United States for the District of Porto Rico. Nelson Gammans, of New York City, for plaintiff in error. William C. Rigby, of Washington, D. C., George C. Butte, Atty. Gen., and J. A. Lopez Acosta, Asst. Atty. Gen., for defendant in error. cluded by our decisions in Goodyear Tire & Rubber Co. v. Gallardo, Treas. (C. C. A.) 18 F. (2d) 926; Sanchez Morales & Co. v. Gallardo, Treas. (C. C. A.) 18 F. (2d) 550; and Porto Rico Tax Appeals (C. C. A.) 16 F. (2d) 545. The judgment of the District Court of Porto Rico is affirmed, with costs to the defendant in error. Appeal from the District Court of the United States for the Southern District of Georgia; Wm. H. Barrett, Judge. Shelby Myrick, of Savannah, Ga. (Leo Before BINGHAM, JOHNSON, and A. Morrissy, of Savannah, Ga., on the brief), for appellants. ANDERSON, Circuit Judges. PER CURIAM. This is an action at law, brought in the federal District Court of Porto Rico, to recover taxes paid under protest. The plaintiff seeks to recover $8,000.13, that being the amount of taxes assessed under the Porto Rico Tax Act of August 20, 1925 (Acts Porto Rico 1925, No. 85), and paid under protest. The tax was assessed upon automobile tires and other articles manufactured by the plaintiff in the United States and imported into and sold by it in Porto Rico. In the District Court judgment was entered for the defendant, from which this writ was prosecuted. We regard the questions presented as con Edward C. Brennan, of Savannah, Ga. (Walter C. Hartridge and Hartridge & Brennan, all of Savannah, Ga., on the brief), for appellee. Before WALKER, BRYAN, and FOSTER, Circuit Judges. FOSTER, Circuit Judge. The J. W. Hester Company was adjudicated bankrupt on February 16, 1926. Thereafter the trustee, appellee herein, brought suit in the District Court to recover of Lillie Gray Porter, a former employee, some $4,000 in money, alleged to be part of the assets of the bankrupt, and to have been turned over to her, within four months of bankruptcy, pursuant |