United States v. Ngum Lun May

Citations

• 153 F. 209
• 1907 U.S. Dist. LEXIS 272

Syllabus

<p>1. Aliens — Exclusion—Departments oe Government — Review of Acts.</p> <p>Tlie right to exclude or expel aliens from the territory of the United States is vested in the political department of the government, and is a right with which the judicial department can have nothing to do except as authorized by treaty or act of Congress.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 2, Aliens, § 71.]</p> <p>2. Jury — Trial by Jury — Deportation Proceedings.</p> <p>Congress not having authorized trial by jury in proceedings for the deportation of a Chinese person, provided for by Act Cong. Sept. 13, 1888, c. 10Í5, 25 Stat. 47(5 [U. S. Comp. St. 1901, p. 13.12[, the right to a jury trial does not exist.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 31, Jury, § 101.</p> <p>Right to trial by jury in federal court, see note t.o O’Connell v. Rood, 5 C. C. A. 003; Vany v. Peirce, 26 C. C. A. 528.J</p> <p>3. Aliens —Chinese Persons — Merchants—Evidence.</p> <p>In proceedings Cor the deportation of a Chinese person, evidence held insufficient to establish that he was a Chinese merchant when he came to the United States, and that he engaged in that line of business for some time thereafter.</p>