225 F. 31 | 6th Cir. | 1915
Eum Kim was arrested in Cleveland, Ohio, March 5, 1913, upon a warrant charging him with being “a Chinese person and of Chinese descent,” and "unlawfully in the. United States, * * * and not lawfully entitled to remain therein.” Upon his appearance with counsel before a United States commissioner, admission was made that defendant is “a Chinaman and of Chinese descent,” and, no other evidence being presented by either side, defendant was ordered to be deported to the republic of China. The cause was appealed to'the District Court and there tried upon adverse testimony and exhibits, and the order of the commissioner was affirmed. Defendant appeals.
“1S11.80. Dr. Thos. Y. Kimlan, 049 Kearney St., S. F. Indexed. Certificate of Birth Luin Kim. Compared. Recorded at request of Thos. Y. Kimlan, July 11, 1908 * * * in book blank of Certificate of Birth, page 228, Sacramento county records. C. A. Root, Recorder; C. J. Chenn, Deputy.”
Section 3075 of the Political Code of California, enacted in 1872 (1 Deering Ann. Code and Statutes), and continued in force until 1905 (1 Kerr Cyc. of Cal.), provided:
“All physicians and professional midwives must keep a registry of the time of each birth at which they assist professionally, the sex, race, and color of the child, and the names and residence of the parents.”
Section 3077, as amended in 1878 (1 Deering, Ann. Code and Statutes), and continued until 1905 (1 Kerr, Cyc. of Cal.), provided among other things:
“All persons registering s * * births * * * must quarterly file with the county recorder a certified copy of their register. * * * ” i
The instrument in question does not purport to be a certified copy, nor even a copy, of anything theretofore registered and filed, in accordance with the requirements of the statutory provisions which were in existence at the date of defendant’s birth and continued in force for almost 25 years thereafter. These provisions, it is true, were re
*33 11t is to be observed that on March 18, 1905, the provisions of these two sections were in effect replaced by amendment of section 3077 (Stat. and Amend’ts of Codes of Cal., Sess. 1905, or 1 Kerr, Cyc.), which provides: “Physicians, midwives * * * assisting at a birth shall return in writing within five days thereafter to the county recorder of the county where such birth takes place in such form as may be prescribed by the state registrar a certificate of registry of such birth which shall contain among other matters, the time and place of such birth, name, sex, race. * * * In case there shall be no physician, midwife, or nurse attending at such birth, then it shall be the duty of the parents of any child bom in this state (and if there be no parent alive, then the next of kin of said child) within ten days after such birth to report in writing to the recorder of the county * * * where such birth takes place, * « * the date, place and residence, name, sex, * * * ” etc. (St. 1905, p. 104.)
*34 “This paper was not legal evidence. It was not prepared asi required by law * * * and was of no force whatever as a legal document.”
The order is accordingly affirmed.