Nagle

This is an appeal from an order denying a petition for a writ of habeas corpus. The question involved is somewhat out of the ordinary in this class of cases. Briefly stated the facts áre as follows:

The appellant Gee Shew Hong arrived at the port of San Francisco from China on September" 8, 1926, and applied for admission into the United States as the minor son of a Chinese merchant domiciled here. Immediately upon his arrival he was examined by the medical officers of the United States Public Health Service and was found to be free from any loathsome or dangerous contagious disease. This faet was certified to the Commissioner of Immigration. On November 3, 1926, the appellant was examined by a board of special inquiry touching his admissibility under the Chinese treaty and exclusion laws, and was found to be admissible thereunder. For some reason not disclosed by the record the Commissioner of Immigration and the board of special inquiry then referred the case back to the medical officers for a further physical examination. Upon such further examination the medical officers found that the appellant was afflicted with a loathsome or dangerous contagious disease known as…