Hung You Hong v. United States

The appellant, Hung You Hong, was accused by the United States Attorney of being a Chinese person unlawfully within the United States, and, after due hearing under the Chinese Exclusion Aet (8 USCA § 284, 27 Stat. 25 ), was ordered deported. From this order appeal is taken. It was shown by the government that the appellant was a laborer of Chinese descent. This showing under the statute required the appellant to “establish, by affirmative proof, to the satisfaction of” the judge who tried the case, “his lawful right to remain in the United States.” (8 USCA § 284.)

The appellant introduced a witness named Lum Hop, who testified that he was 78 years old; that he was a Chinese laborer residing in Honolulu where he had resided for 48 years; that he knew the appellant; that appellant’s name was Hong Yan; that he first knew him when he was 1 or 2 years old and was living in Maunakea street in Honolulu, and had known him 27 or 2.8 years; that he knew appellant’s father who left Hawaii for China when appellant was 3 or 3 years old; that the mother died shortly after the child was bom; that he had not seen the appellant very often; that he saw appellant at his aunt’s place; that he knew…