Ex parte Kwan So

Good Law
211 F. 772·1913 U.S. Dist. LEXIS 1019
United States District Court, Northern District of CaliforniaFebruary 3, 1913No. 15,359California581 words

Opinion

lead Opinion

Dietrich, J.

The time is not opportune for a review of the pertinent judicial decisions, nor would any useful purpose be subserved thereby. The principles of law are pretty well settled, and the question is largely one of the application of such principles to the particular facts of the case.

As I understand her contention, the petitioner relies mainly upon two propositions: (1) That the inspector, before whom the hearing was 'had, was biased; and (2) that he based his judgment upon facts which were not made of record in a formal way.

[1] Under the first head it is urged, not that the inspector had any feeling of ill will or was in any wise prejudiced against the petitioner personally, but only that, upon information acquired from sources out *773 side the record, he had received a strong impression against the petitioner before she had an opportunity to make her defense. Concretely stated, the fact seems to be that he himself participated in the so-called raid of the house in which the petitioner was found, and which it is claimed by the government was a house of ill fame; and of course ■ he hád such knowledge as was thus acquired. While it is somewhat difficult for the mind, accustomed to…

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