214 F. 57 | 2d Cir. | 1914
On April 4, 1894, a certificate of residence was issued to Horn Yuen by the collector of internal revenue for the First district of New York (Brooklyn). On October 27, 1902, wishing to return to China, he was granted a return certificate by the collector of customs at Malone, N. Y., under the act of September 13, 1888 (25 Stat. at Earge, 476). This act provides (section 5) that after its passage no Chinese laborer in the United States shall be permitted, after having left, to return thereto, except under the conditions stated in the act. Section 6 provides that no Chinese laborer within the purview of the preceding section shall be permitted to return to the United States unless he has a lawful wife, child, or parent in the United States, or property therein of the value of $1,000, or debts of like amount due him and pending settlement. Section 7 provides that a Chinese person claiming the right to leave and return must apply to the Chinese inspector in charge of the district from which he wishes to depart, and malee on oath before the inspector a full statement descriptive of his family, or property, or debts as the case may be. He must also furnish such proofs as may be required. If the inspector, after hearing and investigation, shall decide to issue a certificate of re
The return certificate issued to Horn Yuen at Malone was issued upon his sworn statement that:
“Hum Lang, 253 Court street, Brooklyn, owes me $1,000, money borrowed January 20, 1902, for laundry purposes. He is unable to pay me at present, but intends to do so on my return from China.”
On receipt of his return certificate he gave up his labor certificate to be held by the proper governmental authorities until his re-entry into the United States. Horn Yuen departed from Malone for China October 27, 1902. He applied for readmission at the same port on June 28, 1904; thereupon investigation was made as to the alleged debt due him, and as a result thereof he was denied admission upon the grounds that such debt was not bona fide. He appealed to the Secretary of Commerce and Labor, who sustained the decision below. Thereafter he was delivered to the Canadian Pacific Railway Company for return to China and the certificate of residence was subsequently canceled.
The decision of the District Court is affirmed.