| Show A l 4 CI HO Will Jo 10 n to tr t Courts rt to See Seo If It Ho 11 Can Cuti Do be Now York Nov 23 In deciding the thea lole a of ot Thomas tho the courts will jule uIo whether or not a n man mall suffering front from tuberculosis can con ho bo excluded from froni fro this country This la Is tho the first case In which the tho constitutionality of th thi treasury ruling rutIn that consumptives shall 1 bc 11 r prevented from landing as tu Immigrants grants ts will bo IJO jo passed upon by b the tho courts Thomas P 1 Hoden nOllen arrived hero here from Ireland Nov 9 a IL steerage pas as t of oC the Cunard line lino Lu Ills lIlu Wife anti child wore with hini He lie line has relatives who ho live In Jl They Thy wore were able to tn guar 3 that he lie would not become a pub lt Ho II charge and U hll v had mains of ot Ills his hl Tho The authorities nt at Ellin Island IslaM were on that score core hut but they de do declined dined to him bRa because I by hy of ot tho the marine hospi hospital tat tal corps showed he be had tuberculosis of or ortho o othe tho the lungs He Ito appealed to tha the treas trens treasury ury department d and n a reexamination Way Inu ordered The Tho treasury department k ordered that Mr Hoden bo be tent sent back backon on the next Cunard tine line steamer the tho I which sails enith today Francis a ti lawyer from tram Philadelphia has hns a 0 writ of habeas cr cpus Tho net of oC Congress under which It Is pro proposed posed pORed to exclude Mr Is Ic II framed to prevent the time admission of persons train from a loathsome or a 1 dan 4 Mr claims that tho the majority Dt ot physicians hI do not hot regard Ion tion us Oil O contagious |