Louie Hoy Gay v. John Foster Dulles, Secretary of State of the United Stats of America

While we cannot agree with Mark Twain that “The government’s work is always conspicuous for excellence, solidity, thoroughness, neatness”, in the instant case, at least, the Federal power has been exerted with justice and with success.

As is pointed out in an article appearing in the Stanford Law Review of May, 1955:

That remedy, infra, has been unsuccessfully invoked by the appellant in the instant case.

1. Statement of the Case

The appellant originally filed his complaint through his alleged father, Louie Foo, in the Court below, asking for a declaratory judgment under Section 503 of the Nationality Act of 1940 ( 8 U.S.C.A. § 903 , Edition of 1942). The complaint was dismissed on motion. When the case was appealed, this Court reversed, with the comment that the appellant and others had “the right to show by amendment or supplemental pleading their authorization of their next friend to apply for travel documents and to initiate the litigation or the right to initiate it themselves, as they may be advised.” Joong Tung Yeau v. Dulles (Louie Hoy Gay v. Dulles), 9 Cir., 1955, 225 F.2d 854, 855 .

It is worthy of note that the original complaint was filed on December 22, 1952,…