66 F. 955 | 9th Cir. | 1895
After making statement of the case above,
delivered the following opinion:
The assignments of error, as said by appellant’s counsel, present two points:
“First, the act of congress of November 3, 1893, requiring a resident Chinese merchant to establish his status in a certain way, and by a particular kind of proof, does not apply to the case of this petitioner, who departed from the United- States prior to the enactment of the law; and, second, the evidence does not warrant the conclusion that the petitioner was not a resident Chinese merchant, within the meaning of the act of November 3, 1893, and the various restriction acts amended thereby.”
The first point we had occasion to consider and pass upon in Lew Jim v. U. S., 66 Fed. 953, and we decided that the act of congress did apply to merchants departing prior to its enactment. The point, therefore, is not well taken.
We think that the second point is also untenable. It will be observed that the definitions of the act are very careful and confined, and we may not enlarge them. The designation “merchant” does not include, comprehensively, all who are not labor
We think, therefore, that the judgment of the district court was correct, and it is affirmed.