Lee Hin v. United States

This is an appeal from an order of deportation entered by the District Court of the United States for the Territory of Hawaii. The transcript contains what purports to he a report of the trial certified as follows and not otherwise: “Certified to be a full and correct transcript of my shorthand notes taken in the above entitled action.” This was no doubt furnished in accordance with the prsocipe which required the clerk to prepare a transcript of the record including a “transcript of all testimony and proceedings.” This record thus prepared is identical with that considered by us in the case of Chang Chow v. U. S., 53 F.(2d) 637 , wherein we held it would be necessary to present the evidence by a settled bill of exceptions. On appeal to the Supreme Court, our decision was reversed. 286 U. S. 530 , 52 S. Ct. 509 , 76 L. Ed. 1272 . The Supremo Court stated:

This decision of the Supreme Court is based on the proposition that the evidence should be presented on appeal from an order of deportation by statement rather than by bill of exceptions, and we assume that this is the point conceded by the government. Our rule 14 provides that, in case of an appeal, there shall be transmitted…