Nagle

The appellant, claiming to be the son of an American-born Chinese father, was denied admission upon the ground that the alleged relationship was not established. By the court below his application for a writ of habeas corpus was denied, and he appeals.

Much of the oral argument was addressed to a perplexing question of procedure in the trial court, but subsequently, by stipulation, the record was put in such condition that we have only to consider the merits, and the single question is whether the evidence submitted1 on the application for admission so conclusively established the alleged relationship that the order of exclusion should be held arbitrary or capricious.

Admittedly the record discloses discrepancies, and on a careful consideration of them we cannot say that they are immaterial or trivial. Appellant claims to have been bom in December, 1915, and he arrived in San Francisco on March 3, 1928. His age was therefore such that he should have been able to testify intelligently.

Though one of his alleged older brothers returned to the United States from China within about a month from the time he arrived, he came on a steamer in company with one Jew Yot, whom, he…