Ex parte Chan Fooi
Opinion
lead Opinion
Dooling, J.
Chan Fooi, designated herein as petitioner, according to the averments of the petition for a writ of habeas corpus presented on his behalf, is the minor son of Chan Sing, late a regularly domiciled Chinese merchant of San Francisco, who died on March 15th of this year. Prior to his father’s death, and on March 2d petitioner, being then less than 19 years of age and a native resident of China, embarked therefrom for San Francisco on the steamship Korea, intending to avail himself of his right to enter this country as the minor son of a resident merchant.» The vessel, however, did not arrive at San Francisco until March 23d, and petitioner was denied the right to land, because of his father’s death, which had occurred eight days before his arrival.
’ It is not contended that petitioner is a laborer, or that he is not the son of the late Chan Sing, or that the latter was not a bona fide resident merchant; but he is excluded for the reason that, his communicated status as the minor son of a merchant having been destroyed by the death of his father, before he can enter this country by any right of his own, whether as student, merchant, or otherwise, he must produce the certificate…