United States v. Hung Chang

Citations

• 126 F. 400
• 14 Ohio F. Dec. 257
• 1903 U.S. Dist. LEXIS 39

Syllabus

<p>1. Aliens — Exclusion—Appeal—Hearing De Novo.</p> <p>On an appeal from an order of a United States commissioner excluding a Chinese alien to the United States District Court, the bearing is de novo, and not on the testimony taken before the commissioner.</p> <p>3. Same — Borden of Proof.</p> <p>Under Chinese Exclusion Act May 5, 1892, c. 60, § 3, 27 Stat. 25 [U. S. Comp. St. 1901, p. 1320], providing that any Chinese person or person of Chinese descent arrested under the provisions of the act shall be adjudged to be unlawfully within the United States unless such person shall establish by affirmative proof to the satisfaction of the justice, judge, or commissioner, his lawful right to remain in the United States, the burden of proving that a person arrested as a Chinese alien not entitled to enter is a Chinese person or a person of Chinese descent is on the United States.</p> <p>8. Same — Method of Proof.</p> <p>Whether a person arrested for violating the Chinese exclusion act is a Chinese person should be proved by persons who have made a study of racial characteristics, so as to be capable of giving expert opinions with reference to the race of the accused.</p> <p>4. Same — Witnesses—Competency of Experts.</p> <p>A witness whose only information as to the racial characteristics of a Chinese person was derived from the reading of an unknown article in McClure’s Magazine and from the perusal of letters of a certain author in journals, together with his experience of three months as a government Chinese inspector, and from association with friends whom he designated as Chinese, was insufficient to entitle him to testify as an expert as to whether an accused was a Chinese person within the Chinese exclusion acts.</p> <p>5. Same.</p> <p>Where a witness had not read anything on the subject of racial distinctions, and his only experience with regard thereto was acquired in his position as Chinese inspector in charge, since 1902, the duties of which office consisted la