Lee Hon Lung v. John Foster Dulles, Secretary of State of the United States of America

Lee Hon Lung brought this action against the Secretary of State for a judgment declaring plaintiff to be a citizen of this country. After a trial without a jury, judgment was entered for defendant. On appeal, plaintiff raises questions pertaining to the burden and standard of proof, findings of fact, admissibility of evidence, and the denial of a motion for a new trial.

The ease appellant sought to prove may be briefly summarized. He was born in Honolulu, Territory of Hawaii, on April 4, 1899. When about seven months old, he left Honolulu for China with his father, mother, and brother. He re-turned to Honolulu in 1923. On January 7, 1924, a board of special inquiry of the immigration service rendered a decision admitting appellant as a Hawaiian-born citizen of the United States. Since then he has resided continuously in Honolulu. In April 1957, the Department of State denied his application for a passport on ,tbe froand he was not a national of e ni e a es.

Government conceded that appel-^an^ arrived in Honolulu in 1923, and was. admitted by a board of special inquiry as a citizen of the United States. It also conceded that appellant has resided in Honolulu continuously since…