Nagle

In 1920 the appellant went from the United States) to China, bearing with him as evidence of his right to return, a form 431 merchant’s return certificate. In 1926, upon his return to the port of San Francisco, he was denied readmission on the ground that his certificate had been obtained fraudulently. He applied to the court below for a writ of habeas corpus, on the ground that the decision of the Board of Special Inquiry was unauthorized, and was abuse of the discretion and authority vested in it, and was unsupported by evidence. A demurrer to the petition was sustained, and the writ was dismissed.

The return certificate had been obtained upon evidence that the appellant was an active member in and had an interest of $500 in the Lincoln Market, a Chinese firm at Sacramento consisting of 47 members, of which 20 were silent partners, and having a capital stock of $23,500, each member’s interest being $500. The evidence of fraud upon which the appellant’s right to return was denied was the fact that on November 18, 1919, and October 8, 1921, the Lincoln Market, in compliance with sections 2466-2468 of the Civil Code of California, which required every partnership doing business…