This is an appeal from a judgment of the district court of the United States for the territory of Hawaii, directing the deportation of the appellant, Chun Hoy, back to China, from which country he was permitted to land in Hawaii in August, 1900, by the collector of customs for that territory. Shortly thereafter a criminal information, duly verified, was filed against Hoy, charging him with being unlawfully in the United States, upon which the judge of the court below directed that he be apprehended and brought before him, pursuant to the provisions of an act of congress entitled “An act to prohibit the coming of Chinese persons into the United States,” approved May 5, 1892 (27 Stat. [1891, 1892] 25). The defendant appeared with counsel, and the trial resulted in the judgment from which the appeal is taken. The contention on his *900 behalf is that he was born in the Hawaiian Islands, and when I year' old was taken by his mother to China, where he remained for 17 years, and then came back. The only evidence introduced on the trial was introduced on behalf of the United Stat.es by its attorney. The defendant to the proceeding introduced no proof, but contended in the court below, as he does here, that the proof introduced on the part of the government shows him to be entitled to his discharge. That proof consisted of the testimony of a Chinese witness named Yee Fook, and of that of E. R. Stackable, the collectorc of customs for the territory of Hawaii; a photograph of the defendant; -and the following certificate:

The testimony of Yee Fook is to the effect that by the same steamer that brought the defendant and another Chinese boy of about the same age, named Eau Koon Yau (and who, by the stipulation of counsel, was tried at the same time upon similar proceedings against him), to Honolulu he received a letter from a friend in China, inclosing photographs of the two boys, and asking him to meet them on their arrival at Honolulu, which he said he did, and recognized them from the photographs sent him, and that when the defendant landed he went to join his relatives. The testimony of Stackable' is to the effect that, as collector of customs, he has charge of the admission of Chinese immigrants to the islands, and that at the time in question one Joshua K. Brown was the Chinese inspector under him, and one Eau Sam Chau was the Chinese interpreter. He produced a memorandum book used upon the examination of such immigrants, and, turning to the record there made upon the admission of the appellant, said that a part of it was in the handwriting of the interpreter (who had since been suspended in connection with these two boys), and the balance of it in the handwriting of Brown. The fecord shows that the witness was then questioned, ,and answered as follows:

The witness further stated that upon the report of Brown, and upon the certificate as to the place of the appellant’s birth, hereinbefore set otit, he permitted him to be landed.

We are unable to agree with counsel for the appellant in their contention that there was no basis for the judgment of the court below. On the contrary, we think there were several circumstances well calculated to make the court distrust the claim that the appellant was born in the Hawaiian Islands. In the first place, Chun Pook is claimed to be his father, and he it was who, on the 28th day of May, 1900, subscribed and swore to the certificate as to his birth in Honolulu, about 18 years before, and that one year thereafter he was taken to China by his mother. This father, according to the1 record, was in Honolulu when the appellant arrived there; yet it does not appear that he went to meet him, or'was-notified that he was to arrive, but that a total stranger—-the witness Ye Pook—-was notified of his intended arrival by some friend of his in China, who sent the appellant’s picture, with the request that he should meet him at the ship and look out for him. These facts, we think, were quite enough to shake the confidence of the court in the pretensions put forward on behalf of the appellant. Another suspicious circumstance is the fact that on the same day that Chun Pook subscribed and swore to the certificate in respect to the appellant, to wit, May 28, 1900, Lau K0011 Yau subscribed and swore to a precisely similar certificate with respect to Lau King, the other boy mentioned, giving his age also as 18 years, and as having been “taken to China by his mother 17 years ago.”

The third section of the act of congress of May 5, 1892, is as follows :

In speaking of this section, it was said in the case of U. S. v. Wong Dep Ken (D. C.) 57 Fed. 206 , 208:

We agree with what was there said. The judgment is affirmed.