In re Lam Jung Sing

HAZEL, District Judge.

In this proceeding under the Chinese exclusion act depositions de bene esse were taken by the defendant. The United States objects to the testimony on the ground that the proceeding is statutory and the court has not the power to consider such testimony. I think section 863 of the Revised Statutes of the United States is broad enough to permit the reading of the depositions [U. S. Comp. St. 1901, p. 661]. The decisions have frequently held that proceedings under the Chinese exclusion act are not criminal in their nature, and such proceedings have been regarded as…