Ex parte Chun Woi San

DOOLING, District Judge.

On the questions presented here the court has readied the following conclusions:

[1] 1. That a Chinese may be deported under the provisions of the Immigration Law by the immigration authorities, if found in this country in violation of the Chinese Exclusion Act, provided such deportation he had within three years from the date of his entry. In deciding the contrary in a former case the court did so without having called to its attention the provision of section 21 of the Immigration Act. Act Feb. 20, 1907, c. 1134, 34 Stat. 905.

[2] 2. The omnibus charge that an alien is…