Lum Kim v. United States

Citations

• 225 F. 31
• 140 C.C.A. 357
• 1915 U.S. App. LEXIS 2093

Syllabus

<p>1. Evidence <@=5333—Records—Statutory Provisions.</p> <p>An instrument, called a birth, certificate, which gives the person’s name, sox, ra.ce, date of birth as August 8, 1880, names of parents, with their X>laee of nativity, occupation of father, residence of parents, and name of midwife, verified by affidavit made 28 years after the birth of the iierson, and bearing indorsements containing the name of a iihysician and the recital: “Certificate of Birth Lporson’s name], Compared. Recorded at request of [phj sician’s name] in book blank of Certificate of Birth,” and signed by deputy recorder—is not admissible under Pol. Code Cal. § 3075, enacted in 1872 and remaining in force until 1905, and requiring all physicians and professional midwives to keei> a register of the time of each birth in which they assist professionally and section 3077 as amended in 1878 and in force until 1905, requiring all persons registering births to file quarterly with the county recorder a certified copy of the register, or under Act March .18, 1905 (St. 1905, p. 104), reidacing the sections, and requiring physicians and midwives assisting at a birth to return in writing within 5 days thereafter to the county recorder' a certificate of registry of birth containing enumerated facts.</p> <p>©:=>For other cases see same topic & KEY-NUMBER in ail Key-Numbered Digests & Indexes</p> <p>[E'd. Note.—For other cases, see Evidence, “Cent. Dig. §§ 1247-1257,1259-1265; Dec. Dig. @=333.]</p> <p>2. Aliens @=32—Deportation of Chinese—Evidence—Findings.</p> <p>A finding of the trial judge who saw the witnesses in a proceeding to deport a Chinese person will not be disturbed.</p> <p>[Ed. Note.—For other cases, see Aliens, Cent. Dig. §§ 84, 92-95; Dec. Dig, @=32.]</p> <p>3. Aliens @=32—Deportation of Chinese—Burden of Proof.</p> <p>A Chinese person has the burden of showing his right to remain in the United States in proceedings to deport him.</p> <p>[Ed. Note.—For other cases, see Aliens, Cent. Dig. §§