Weedin

This is an appeal from an order discharging from custody a Chinese applicant for admission to the United States, held for deportation under a warrant issued by the Secretary of Labor. The sufficiency of the testimony to warrant the order of deportation is the only question presented for our consideration.

On September 26, 1917, at Forth Worth, Tex., the alleged father of the appellee testified that he was bom in Galveston, Tex.; that he was 28 years of age; that he made a trip to China in 1914, and while there married a woman named Wong Shee; that he and his wife lived together in China for about 13 months; that a son was bom to them December 10, 1914, who was named Jew Silk Gong; that this son was about 4 or 5 months old when the witness returned to this country; that he would have brought his wife and son with him, but the son was too young, and he and his wife decided to wait awhile longer; that his father, his stepmother, his wife and son lived together in the home of his father in Mow Hong village, China, and that a half-sister named Ten Haw lived there also. On October 10,1923, the alleged father testified that his father was still living; that he himself had three sons,…