Wong Sho Ging v. Herbert Brownell, Jr., United States Attorney General
Opinion
Opinion
Stephens, J.
The action which resulted in the judgment here on appeal was originally filed naming James P. McGranery, United States Attorney General, as defendant, and Mr. Brownell was subsequently substituted in the stead of Mr. McGranery whom he succeeded in office.
Wong Sho Ging sought through the provisions of § 503 of the Nationality Act of 1940, § 903 of Title 8 U.S.C.A., to have the district court declare that he was a citizen and national of the United States. He alleges that he was born in December of 1919, in China of a Chinese mother, Jew Shee (so referred to in the evidence), and Wong Bing Gow, a native citizen of the United States, of Chinese descent. The district court found that the plaintiff Ging had not established that he was the blood son of Wong Bing Gow and the issue on that point is the sole issue of this appeal.
Wong Bing Gow was in China from 1892 to 1905, and was married to Jew Shee in 1916. In 1917 a son who was given the name Wong Wing Gock was born to the pair. In 1919 Wong Bing Gow returned to the United States and lie testified 'that his wife was pregnant at the time and that she gave birth to another son in December of 1919, and it is claimed that the…