Legal Opinion · Dissent

Tillinghast v. Chin Mon ex rel. Chin Yuen

Court of Appeals for the First Circuit

Decided March 26, 1928No. 2194Published

1DissentAnderson, Circuit Judge

As indicated in Judge BINGHAM’S opinion, I concur with Judge JOHNSON in holding that, the act of 1924 adopts the construction by the courts (Johnson v. Shue Hong [C. C. A.] 300 F. 89 and cases cited) of the former acts as to adoptions prior to 1924; and this without regard to race.

*266Judge BINGHAM’S opinion — -in effect a dissent from that view — seems to me to overlook two controlling principles in statutory construction:(1) That every Legislature, in amending, is assumed to know and adopt the existing status of rights, except as by new provisions, it changes that status;(2) That every act is…

2Cases cited10 opinions

  1. Int. Com. Comm. v. Louis. & Nash. RRSupreme Court of the United States · 1913
  2. Kwock Jan Fat v. WhiteSupreme Court of the United States · 1920
  3. Hockaday v. LynnSupreme Court of Missouri · 1906
  4. Whitfield v. HangesCourt of Appeals for the Eighth Circuit · 1915
  5. Storey v. StoreyCourt of Appeals for the Seventh Circuit · 1914

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