The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-10-28
JUDGE ESTEE IS SUSTAINED.
BY NINTH CIRCUIT COURT OF
APPEALS.
Chun Hoy, Though He Had a Custom
House Certificate, Must Go Back to
China.

The United states Circuit Court Of
Appeals for the ninth circuit, sitting
at san Francisco, has affirmed the deci-
sion of Judge Estee in the case of the
United states against Chun Hoy. Chun
was arrested by United states Marshal
Hendry, when he was deputy on a
charge Of being unlawfully in the coun-
been passed by the custom house. He
had certificate from the custom house
to the effect that he was a Hawaiian
born Chinese. but he had not registered.
After hearing evidence in the case
Judge Estee ordered him deported, and
the case was Naken up on appeal.
The Chun Hoy case is the first Chi
nese appeal from the United States
District Court of Hawaii to be decided.
The decision, given by Judge Ross and
cOncurred in by Judges Gilbert and
Hawley, contains the following:
I'VE are unable to agree with counsel
for the appellant in their contention
that there was no basis for the judg-
ment of the court below. On the con-
trary, we think there were several cir
cumstances will calculated to make the
court distrust the claim that the appel
liant was born in the Hawaiian Islands.
In the first place, Chun Fook is claim
ed to be his father, and he it was who,
on the 2Sth day of May, l90O subscribed
and swore to the certificate as to his
birth in Honolulu about is years be-
fore, and that one year thereafter he
was taken to China by his mother This
father, according to the record, was in
Honolulu when theappellant arrived
there, yet it does not appear that he
went to meet him or was notified that
he was to arrive but that a total stran-
ger. the witness Yee FOok, was notified
of his intended arrival by some friend
of his in China, who sent the appel
lants picture with the request that he
should look out for him. These facts,
we think, were quite enough to shake
the confidence of the Court in the pre-
tentions put forward on behalf of the
appellant. Another suspicious circum-
stance is the fact that on the same
day that Chun Fook subscribed ard
sworn to the certificate in respect to
the appellant, Lau KOon Yau subscrlb-
ed and sworn to a precisely similar GER
tificate with respect to Lau King, the
other boy mentioned, giving his age
also as is years, and as having been
taken to China by his mother Il years
ago."
After quoting the Exclusion Act the
Court continued, quoting from United
States against Wong Dep Ken:
Against coming into the country OF
| Chinese laborers Congress has been
Ilegislating for years. The reason for
such legislation is an old story and
need not be repeated. But, notwith-
standing the enactments upon the sub
ject, the laws have been evaded in
MANY ways. BY false testimony and
concocted evidence the courts have
been imposed on in cases almost with
out number, and by sea and land the
prohibited class in large numbers have
been smuggled into the country in one
way or another. To prevent all of this
and give effect to its law upon the sub
ject as far as possible, Congress deem
ed it wise by the provision in question
to put the burden of his lawful right
to remain in the United States on the
Chinese person or person of Chinese
descent charged with being unlawfully
| within their borders