Fok Yung Yo v. United States

Citations

• 185 U.S. 296
• 22 S. Ct. 686
• 46 L. Ed. 917
• 1902 U.S. LEXIS 2195

Syllabus

<p>The power to exclude or expel aliens is vested in the political departments of the Government, to he regulated by treaty or by act of Congress, and to be executed by the executive authority according to such regulations, except so far as the judicial department is authorized by treaty or by statute, or is required by the Constitution, to intervene. And this is true of the privilege of transit.</p> <p>By the treaty between the United States and China, of 1894, the privilege of transit across the territory of the United States could only be enjoyed subject to such regulations of the Government of the United States as might be necessary to prevent the privilege from being abused.</p> <p>The treaty, in recognizing the privilege and providing that it should continue, proceeded on the ground of its existence and continuance under governmental regulations, and no act of Congress was required to carry it into effect.</p> <p>Under existing regulations the action of the collector of customs in refusing transit cannot be interfered with by the courts.</p>