United States ex rel. Lee Kum Hoy v. Shaughnessy

I concur in the affirmance on relators’ cross appeal. As to respondent’s appeal, I dissent, for the reasons stated by Judge Dimock in his opinions reported in D.C., 123 F.Supp. 6741 and D.C., 133 F.Supp. *313850.2 I shall not repeat in detail his statement of the evidence or his reasoning. I think the record amply justifies his conclusion, 133 F.Supp. at page 852, that, “It has become so clear that the policy of the Immigration Authorities is to apply blood tests to all Chinese and to no whites that even the presumption of administrative finality will not support a determination to the…