Bryan

A majority of the Board of Special Inquiry voted to admit appellee; on a dissenting member’s appeal to the Secretary of Labor, taken under Act of February 5, 1917, c. 29, § 17, 39 Stat. 887 , U. S. C. title 8, § 153 (8 USCA § 153), appellee was ordered excluded.

In the District Court, on the hearing pursuant to an order to show cause why the writ of habeas corpus should not issue, appellee was ordered discharged from the custody of the immigration authorities.. On this appeal, an interesting question is presented as to the scope of the reviewing power of the Secretary of Labor in the above stated circumstances. Wo are, however, precluded from considering any question on the merits of the controversy, because we must sustain appellee’s motion to dismiss the appeal.

Appellee’s contention, in which we concur, is that since the petition for allowance of appeal was presented and the appeal perfected, not within the ten days provided by rule 126 of the Hawaiian court 1 hut one day short of ninety days after the decision and entry of the order thereon, this court cannot entertain the appeal.

*956 1. Appellant argues that the rule is no longer valid, and therefore of no effect here,…