128 F. 522 | D. Mont. | 1904
Appeal from an order of deportation made by Edward C. Russel, United States Commissioner. Lbuie Juen was arrested upon a warrant charging him with being un-ikwfully within the United States, in violation of the acts of Congress excluding Chinese persons. At the time of his arrest, Louie Juen was engaged as a laborer. He claims, however, that he was a merchant, residing at Helena, Mont., at the time of the passage of the Geary act of May 5,. 1892, c. 60, 27 Stat. 25 [U. S. Comp. St. 1901, 1319], and during the time provided for the registration of Chinese ihborers under that act. The question presented is as -to whether said Juen was a merchant at that time, and engaged in that business. Capf. E. R. Tandy testified that he was a farmer and engaged in a inining enterprise from .1889 or 1890 to 1895, and that during that fretiod he employed Chinese laborers, and during that time he was frequently at a Chinese store situated in the upper part of Helena, Mont., looking for laborers, and there saw Juen, who seemed to be. occupied in conducting the business of said store. Gen. Charles D. Curtis testified that he had frequently seen Juen in' the 'store testified to by Capt. Tandy. .While it was evident from the testimony of Juen and others that Gen. Curtis was mistaken as to the time he saw the appellant in this store, still I do not think this destroys his evidence entirely. He might have been mistaken as to the dates when he saw
The question then arises as'to whether, having become a laborer during the year 1903, the appellant falls within the terms of the act. In the case of In re Chin Ark Wing (D. C.) 115 Fed. 412, it was held that under this state of facts he could not be deported. To the same effect is United States v. Sing Lee, above cited. He was a merchant during the time of the registration authorized by said Geary act, and hence could not register as a laborer. See cases last above cited.
It is therefore ordered that the order of the commissioner, Edward C. Russel, that Louie Juen be deported from the United States to China, be, and the same is hereby, set aside and reversed, and that the said Louie Juen be discharged from custody by the United States marshal.