232 F. 279 | D. Or. | 1916
This case is here upon appeal from an order of the United States commissioner directing that the defendant be deported. The defendant is charged with being unlawfully within the United States, he being a citizen of the republic of China, and having no certificate of registration or other document or lawful authority entitling him to remain within the United States, being also a laborer, and not belonging to the excepted class of Chinese persons entitled to enter the United States as provided by law.
I think there can be no doubt that the defendant came here when he was a .young lad, perhaps at the age of 7 years, as he claims. The turning point in the case upon the evidence, to my mind; is whether Jew Sung Gwong came with a relative, namely, an uncle, who was of the merchant class; and, upon a consideration of the whole testimony, the controversy must be resolved against him.
By the act of May 6, 1882, the coming of Chinese laborers to the United States was suspended for the term of 10 years, and it was declared not to be lawful for any Chinese laborer to come from aiiy foreign port or place within that time to the United States. Later statutes have continued the suspension. Section 6 of the act' (Comp. St. 1913, § 4293) makes provision touching Chinese persons other than laborers, and specifies in what manner their coming may be certified. But such provision has no relation to the coming of Chinese laborers. By the act of May 5, 1892, it was declared to be the duty of all Chinese laborers within the United States at' the time of the passage of the act, and who were entitled to remain, in the United States, to apply for a certificate of.residence to the collector of internal revenue for their respective districts, within one year after the passage of the act, and that any Chinese laborer within the United States who should neglect, fail, or refuse to comply with the provisions of the act, or who, after one year from the passage thereof, should be found within the jurisdiction of the United States without such certificate of residence, should be deemed and adjudged to be unlawfully within the United States. By a later act of November 3, 1893, this provision was extended for 6 months after its passage. This act contains an exception to the time of making application for a certificate of residence, which reads:
“Unless lie shall establish clearly, to the satisfaction of said judge that by reason of accident, sickness, or other unavoidable cause he has been unable-to procure his certificate, and to the satisfaction of said United States judge.*281 and by at least one credible witness other than Chinese, that he was a resident of the United States on the 5th of May, 1892; and if, upon the hearing, it shall appear that he is so entitled to a certificate, it shall be granted upon his paying the cost.” Section 1 (Comp. St. 1913, § 4320).
It is the judgment of the court, therefore, that the defendant is not lawfully within the United Slates, and that he should be deported.