William R. Day

“ It is a serious thing to arrest a Chinaman who, as in this case, has been in this country a number of years, hawfully admitted upon a certificate complying with the treaty, and order his deportation without giving him a full opportunity to assert his rights before a competent court. There being no provision of the statute that the hearing shall be upon a transcript of the proceedings before the commissioner, we think, when a party demands it, Congress intends he shall have the right to a hearing and judicial determination before the district judge. ”

“ The opinion of the learned district judge, a copy of which is given in the record, shows that the order of deportation was made because, in his opinion, the facts as found by the commissioner indicate that Liu Hop Fong did not come to the United States to study the English language and the English sciences as a student, and that such contention was a mere device to gain entrance into this country, and not in good faith to pursue studies as a student, and his real intent was to labor only ”

“ While this certificate may be overcome by proper evidence, and may not have the effect of a judicial determination, yet, being made in conformity to the treaty, and upon it the Chinaman havign been duly admitted to a residence in this country, he cannot be deported, as in this case, because of wrongfully entering the United States upon a fraudulent certificate, unless there is some competent evidence to overcome the legal effect of the certificate. ”