Weedin

The appellee, Chinese by birth and 18 years of age, married a Chinese woman in China, and, leaving his wife there, he applied for admission to the United States on the ground that his stepfather, Li Sing, who is of Chinese descent, is a citizen' of tho United States and a merchant resident therein. His application was denied by a board of special inquiry, for the reason that Li Sing was found to bo a laborer, and not a merchant. On appeal to tho Secretary of Labor the ruling was affirmed. On the hearing in the court below, on the return to a petition for habeas *534 corpus, it was held that the board of special inquiry had applied to the facts in the ease an erroneous conclusion of law, and that on. the established facts Li Sing was a merchant, and that the appellee as his stepson was entitled to entry. From the order discharging the appellee this appeal is taken.

In the view which we take Of the law applicable to the ease, it is immaterial whether or not Li Sing is a merchant. The provisions of the treaties between the United States and China and the statutes enacted in pursuance thereof confer no rights or privileges on an American citizen, whether he be of Chinese descent or…