Weedin

The appellant, claiming to be the foreign-bom'son of Jo Toon Auk, an alleged American citizen, was denied admission to the United States. From the order of the court below, denying his petition for a writ of habeas corpus, he appeals.

Admission was denied 'the appellant for lack of proof that Jo Toon Auk is a citizen, and for lack of proof that the appellant is his son. We find it necessary to consider only the first ground of exclusion. The only proof of the citizenship of Jo Toon Auk was a certificate of one McGettriek, a United States commissioner for the district of Vermont, which recited that on August 14, 1896, Jo Toon Auk was brought before him on ;the charge that he was unlawfully within the United States, and “upon a full hearing on said charge, the district attorney being present, it was adjudged by me that said Jo Toon Auk had the lawful right to be and remain in the United States, by reason of being a citizen thereof, and he was accordingly discharged.”

The certificate is insufficient to show in the present proceeding that Jo Toon Auk was a citizen of the United States. In Ah How v. United States, 193 U. S. 65 , 24 S. Ct. 357 , 48 L. Ed. 619 , it was held that a…