Chang Chow v. United States

This case is on appeal from a judgment of the United States District Court for the Territory' of Hawaii ordering the deportation of the appellant under the Chinese Exclusion Act (8 USCA § 263 et seq.).

There is here no bill of exceptions settled and allowed by the trial judge. The account of the trial in the court below is before us *638 merely on a certificate by the reporter that the transcript of his notes is full, true, and correct; and a stipulation by the attorneys that the typewritten record (reporter’s transcript) might be printed in accordance with a certain designation.

We deem it unnecessary to restate at length the well-settled rule that there can be no consideration of a ease by an appellate court without a bill of exceptions properly authenticated by the trial judge. See eases cited in 28 USCA § 776, note 95; J. C. Walton v. Southern Pacific Co., 53 F.(2d) 63 , decided by this court October 14, 1931; Irving v. United States, 53 F.(2d) 55 , decided by this court October 19, 1931. The transcript of the shorthand notes of the reporter does not constitute a bill of exceptions, Rosen v. United States (C. C. A. 2) 271 F. 651 ; nor does a stipulation by counsel that the…