Jewish Father Brings Suit Against Secretary Kellogg for Warsaw Consul’s Failure to Vise Daughter’s P

Delay in Granting Application Caused Loss of Preferential Status Because She Reached Majority Jewish Daily Bulletin

The possibility of a court order being issued for the first time to compel the Secretary of State to instruct a consul to issue an immigration visa appears likely as a result of mandamaus proceedings brought by Lewis Friedman of this city against Secretary Kellogg to obtain a visa from the American consul in Warsaw for his daughter, Rose.

Friedman went to Poland to bring his daughter to America before she became twenty-one, while she had a preferential status for admission. He alleges that by reason of misinformation and failure to render assistance on the part of the consulate his daughter attained her majority, thus losing her preferential status before her departure could be arranged.

In a preliminary opinion filed today by Justice Hoehling, he intimates that if the American Consul was guilty of the conduct charged, an order to compel the issuance of a visa would be justified. “No good reason exists why appropriate relief should not now be afforded the father, since the right to compel performance of a duty should not in equity and good conscience be held to be destroyed by the lapse of time within which in the first place the duty ought to have been performed,” he said. He declined, however, to make a final decision at this time, stating that first Friedman must offer proof of his request for assistance at the consular office in Warsaw and the failure of the consulate to render same and also suggested that the complaint be amended so as to include as defendants, Commissioner Hull and Secretary Davis, both of whom are also involved in decisions on immigration matters.