Case Digest (G.R. No. 13862)
Facts:
In re R. McCulloch Dick, G.R. No. 13862. April 16, 1918, Supreme Court En Banc, Carson, J., writing for the Court.The petitioner, R. McCulloch Dick, editor and proprietor of the Philippines Free Press, was taken into custody by Anton Hohmann, Acting Chief of Police of Manila, pursuant to an executive order of Governor‑General Francis Burton Harrison (dated March 18, 1918) directing Dick’s deportation to Hongkong and his subsequent exclusion from the Islands. The deportation order recited that, after an investigation under Section 69 of the Administrative Code (Act No. 2711), Dick was a “subject of a foreign power” and “an undesirable alien” whose presence menaced public peace and safety.
The Governor‑General had designated Colonel D. P. Quinlan as his agent to investigate under that provision (appointment dated Feb. 23, 1918). Notice of a hearing (to be held March 1, 1918) was served on Dick; he and counsel attended, produced witnesses, and cross‑examined opposing witnesses. The transcript shows an extended hearing and a closing statement from petitioner’s counsel thanking the Commissioner for fairness. The complaint prompting the investigation came from officers of the Philippine National Guard protesting articles in the Free Press (Feb. 16, 1918 issue — including the “Know How to Forage” editorial and a satirical piece about enlistment pay) as tending to obstruct war policies and to create unrest.
Petitioner filed an original petition for a writ of habeas corpus in this Court contending the Governor‑General had no authority to deport him and that the order violated the Constitution, treaties, United States law, and the law of nations. The record of the administrative hearing (Exhibits A and B) was before the Court. The Court considered whether (1) Dick was a subject of a foreign power, (2) the Section 69 procedure was followed, and (...(Subscriber-Only)
Issues:
- May the Supreme Court, by habeas corpus, discharge petitioner from custody under the Governor‑General’s deportation order?
- Is petitioner a “subject of a foreign power” within the meaning of Section 69 of the Administrative Code?
- Was the procedure required by Section 69 (Act No. 2711) observed in petitioner’s case?
- Does the Governor‑General have authority to deport aliens as an act of state under applicable law (Act No. 2113/Administrative Code Sec. 69, the J...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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