The San Francisco call., 1898-02-03
Far-Reaching Decision by United States Judge
 de Haven.
Action of the Collector of the Port to Have Nc
 Weight.
Reconan1e end ations of Referee Heacock Set Aside and His Report
 Disaffirnned.

 strong barrier against the landing of Chinese laborers and criminals. The opinion is to the effect that the action of the Collector of the Port is not even prima facie evidence of the right of a Chinese to land and that 1t should not have any weight in the minds of Con- missioners and Judges when fraud has been shown.
 Judge de Haven "disafflrmed" the report and recommendation of Com missioner Heacock in the case of Lau Sun Ho, a Chinese woman. admitted to this country in December, 1S98, by the Collector of the Port on her state ment and the testimony of witnesses that she was native of California. Seven months ago Ho became dissatis- fled with the life of a chattel slave and went to the mission on Washington street She told the women at the mission that she was a native of China and that her statements made to the Collector of the Port were false.
 The evidence introduced before Com missioner Heacock was not at all vol luminous or convincing except as to the declaration made by Miss Ho at the mission.
 This is the first time that Judge Heacock's report in Chinese case has been disaffirmed.
 Judge de Haven quotes the follow ing from the report of United States Commissioner Heacock:
 The only material evidence submitted for my consideration is the order of the Collector of Customs of said port permit ting her to land. and the testimony of Mrs. Hull, who understands the Chinese language. of the Methodist Mission, where the defendant has been for the last seven months, and of'Look Gum, a female Chinese interpreter there, to the eral times in the Chinese language since she has been at said mission that she was born in China, outside of Canton, that she had been deceived in coming here and that she wanted to be returned to her mother in China. and, further, that she had been taken by them to said mission from a house of ill-fame in Ross alley, in this city.
 tion and decision by an officer having full Jurisdiction to hear and determine the right of the defendant to enter the Unit ed States, I should have no hesitation in finding that she was born in China and a subject of the Chinese Empire. for she arrived at said port from China, she speaks only the Chinese language; in dress. features and general appearance she resembles Chinese females, and her own statements given in evidence are that she was born in China
 Upon what evidence the Collector de- cided that the defendant was entitled to enter the United States and to remain therein 1 am not advised, but l must as- sume, and l have no doubt that the evil dence was ample to warrant his decis- ion. Such decision having been duly made. the burden of proof Is upon the Government to clearly establish that 1t was obtained by means of false and I 1 the foregoing evidence is insufficient to sustain the allegations of such false and l fraudulent representations or to set aside 1 cancel or annul the decision or the Col l lector that she is entitled to land and to be and remain in the United States.
 Judge de Havens opinion then goes | on to say that no exceptions had been taken to the findings or recommends tion of the special referee.
 But" continued the court, the ac- i ton of a Collector of Customs in per hitting a Chinese alien to land in this country is not, in any sense, judicial | and does not fall within the rule appli- cable to decisions of special tribunals | of the character of those which have been referred to. The law does not give to such order or permission the effect of judgment that such person is en- 1 titled to land in the United States
 The order of the Collector is | not even prima facie evidence of his right to remain in the United States. '
 The court thereupon ordered Lau | Sun Ho deported.
 Commissioner Heacock, in an inter view on the subject, said: During the progress of the case I called the atten- tion of counsel to the fact that in a | former case in which MT. Tuska ap- peared for the defendant all the evil dence taken before the Collector was introduced. In this present case Mr. Riordan for the defendant asked for the evidence that was taken by the | Collector. The whole record was brought down from the Chinese bu- reau but none of it was introduced by the prosecution except the order made by the Collector permitting the woman to land So that even now I don't know what evidence was taken by the Col 1 lector."
 The prosecution was conducted by l United States District Attorney Foote 1 in person.
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