1. Aliens (§ 24*) — Chinese—Exclusión—“Laborees.”

Chinese Treaty, Nov. 17, 1880, 22 Stat. 826, and Act May 6, 1882, e. 126, 22 Stat. 58 (U. S. Comp. St. 1901, p. 1305), in aid thereof, provided for the exclusion of Chinese laborers, and the Geary act (Act Cong. May 5, 1892, c. 60, 27 Stat. 25 [U. S. Comp. St. 1901, p. 1319]), defined “Chinese laborers” to include both skilled and unskilled manual laborers, including Chinese employed in mining, fishing, huckstering, peddling, laundry-ing, and those engaged in taking, drying, or otherwise preserving shell or other fish for home consumption or exportation. Held, that a Chinese person owning a §500 Interest in a general merchandise store, but operating a fruit farm as a tenant and selling the fruit grown thereof by his own labor, was a “laborer,” and not entitled to enter or remain in the United States.

[Ed. Noto. — For other cases, see Aliens, Cent. Dig. §§ 76-80; Dee. Dig. i 24.*

For other definitions, see Words and Phrases, vol. 5, pp. 3952-3968; vol. 8, p. 7700.]

2. Aliens (§ 82*) — Chinese Persons — Exclusion—Immigration Commissioner’s Order — Commissioner of Aliens — Conclusiveness.

Since there is no statutory provision that a decision .of the appropriate immigration or customs officer favorable to the admission of a Chinese alien is conclusive on the United States, the admission of a .Chinese alien as a merchant is not conclusive against the United States on the application of the alleged merchant’s son to enter, and did not prevent the son’s exclusion on the ground that the father, while having a financial interest in a mercantile establishment, was in fact a laborer engaged in, fruit culture as a tenant

[Ed. Note. — For other cases, see Aliens, Dec. Dig. § 32.*]

31 Aliens (§ 29*) — Deportation—Chinese Persons — Proceedings.

Where the complaint in deportation proceedings against a Chinese person duly alleged that he was a Chinese manual laborer within the United States without a certificate of residence, it was not material to the right of the government to deport him that he came into the United States at a time when it was impossible to obtain a certificate of residence:

TEd. Note. — For other eases, see Aliens, Cent Dig. § 91; Dec. Dig. § .29.*]