In re Chin Ark Wing

Citations

• 115 F. 412
• 1902 U.S. Dist. LEXIS 227
• 1902 WL 1

Syllabus

<p>1. Chinese Laborer — Registration—Proceeding to Deport — Jurisdiction.</p> <p>Under 27 Stat. 25, and 28 Stat. 7, providing that a Chinese laborer proceeded against for remaining in the United States without being registered shall be taken before a United State's judge, such a laborer was first taken before a commissioner, where the testimony was taken without objection. From his decision such laborer appealed to the judge, making no objections to the findings of facts. Held, that he thereby impliedly assented to a hearing before the judge on an agreed statement of facts, and the court had jurisdiction, whether it be considered an original proceeding, or as an appeal from the commissioner.</p> <p>8. Same — Laborer's Certificate — Inability to Obtain — Merchant.</p> <p>Acts 1892, § 6 (27 Stat. 25) as amended by Acts 1893 (28 Stat. 7), provides that a Chinese laborer found in the United States without a laborer’s certificate shall be deported on failure to obtain such certificate within a certain time after the passage of the act unless by reason of accident, sickness, or some unavoidable cause, he was unable to secure his certificate. A Chinese merchant, lawfully in the United States from 1892 to 1894, afterwards became a laborer. Held, that he could not thereafter be deported, since he was not able to procure a certificate within the time stated in such act; not being at the time a laborer, and entitled to a laborer’s certificate.</p>