Herbert Brownell, Jr., as Attorney General of the United States v. Lee Mon Hong, as Guardian Ad Litem of Lee Gum Shilk

On December 10, 1951, in the United States District Court for the Northern District of California, Lee Gum Shilk, hereafter called Shilk, by his guardian ad litem, Lee Mon Hong, instituted an action against J. Howard McGrath, as Attorney General of the United States, for a judgment declaring Shilk to be a national of United States. The Attorney General answered the complaint, a trial was had, an opinion was filed, findings of fact and conclusions of law were stated, and on April 29, 1953, a judgment was entered declaring Shilk to be a national of the United States. From that judgment this appeal was taken on June 25, 1953.

Jurisdiction of the action was conferred on the District Court by 8 U.S. C.A. § 903, which provided: “If any person who claims a right or privilege as a national of the United States is denied such right or privilege by any Department or agency, or executive official thereof, upon the ground that he is not a national of the United States, such person, regardless of whether he is within the United States or abroad, may institute an action against the head of such Department or agency in the District Court of the United States for the District of Columbia or in…