195 F. 53 | 6th Cir. | 1912
The proceedings in these cases are based upon complaints that appellants are Chinese laborers and in the United States in violation of the provisions of the Chinese exclusion laws. The cases were heard before a United States commissioner in Detroit, under a stipulation between counsel that the testimony taken in one case should be used in the other as far as applicable. The commissioner adjudged in each case that the appellant was a Chinese laborer and unlawfully in the United States, and ordered each to be deported to China. Appeals were taken to the District Court, where the orders of the commissioner were affirmed. The cases are pending here on appeals, were heard together, and will be disposed of in one opinion.
“We are of opinion that we cannot properly re-examine the facts already determined by two judgments below.”
In Tom Hong v. United States, 193 U. S. 517, 522, 24 Sup. Ct. 517, 520 (48 L. Ed. 772), Mr. Justice Day said in respect of a judgment holding that plaintiffs were “bona fide merchants”:
“It is true that the findings of the commissioner and in the District Court in eases of this character should ordinarily be followed in this court, and will only be reconsidered when it is clear that an incorrect conclusion has been reached.”
See, also, Yee Yet v. United States, 175 Fed. 565, 566, 99 C. C. A. 187 (C. C. A. 2d Cir.); Wong Hueng v. Elliott, 179 Fed. 110, 111, 102 C. C. A. 408 (C. C. A. 9th Cir.); Hong Yon v. United States, 164 Fed. 330, 90 C. C. A. 542 (C. C. A. 2d Cir.); Yee King v. United States, 179 Fed. 368, 102 C. C. A. 646 (C. C. A. 2d Cir.); Chu King Foon v. United States, 191 Fed. 822 (C. C. A. 2d Cir.).
The judgment in each case must be affirmed.