United States v. Lee Chung

RELLSTAB, District Judge.

In appropriate proceedings, instituted' before a United States commissioner, Lee Chung was found to be a Chinese laborer without the certificate of residence required by law, and ordered deported to China. 'From this order an appeal was taken to'this court.

The case is here, not for a trial de novo, but on the testimony taken before the commissioner, and turns on the issue of fact whether the appellant was- born in the United States. Section 3 of the act of May 5, 1892 (27 Stat. 25, c. 60 [U. S. Comp. St. 1901, p. 1320]), places upon appellant the burden to “establish,…