Chin Bak Kan v. United States

186 U.S. 193

22 S.Ct. 891

46 L.Ed. 1121 CHIN BAK KAN, Appt.,

v.

UNITED STATES.

No. 525.

Argued March 13, 14, 1902.

Decided june 2, 1902.

Complaint under oath was duly made before a commissioner of the United States for the northern district of New York, charging 'that Chin Bak Kan did, on or about the 13th day of March, 1901, at Burke in said district, knowingly and wrongfully come from Canada, in the province of Quebec, into the northern district of New York, to wit: into Burke in the county of Franklin and state of New York, in the United States, he, the said Chin Bak Kan being then and there a Chinese person and laborer, and a person prohibited by the laws of the United States of America from being and remaining in the United States, and he, the said Chin Bak Kan, then and there being such Chinese person as aforesaid, was then and there found unlawfully in the United States at Burke aforesaid, in violation of the acts of the Congress in such case made and provided.'

A warrant for the apprehension of Chin Bak Kan was issued March 13, 1901, and he was arrested and brought before the commissioner. He was informed of the charge against him, advised that he would be permitted to make a statement without or with oath, or to refuse to make any statement or to answer any question put to him, and was entitled to reasonable time to send for counsel and procure the attendance of witnesses. He pleaded not guilty to the charge, 'but admitted that he had just come into the United States.' He was thereafter represented by counsel. Subsequently a hearing and trial was commenced before the commissioner who issued the warrant. That officer having been taken sick, the hearing was continued and concluded before another commissioner, who found and adjudged upon the evidence as follows: 'I now hereby find and adjudge that the said Chin Bak Kan is a Chinese person and laborer, that he is not a diplomatic or other officer of the Chinese or any other government, and unlawfully entered the United States, as charged in said complaint. And I further adjudge him, said Chin Bak Kan, guilty of not being lawfully entitled to be or remain in the United States. I further find and adjudge that he, said Chin Bak Kan, came from the Empire of China, but he has not made it appear to me that he was a subject or citizen of some other country than China. And I hereby order and adjudge said Chin Bak Kan to be immediately removed from the United States to the Empire of China. A certified copy of this judgment shall be the process upon which said removal of said Chin Bak Kan shall be made from the United States to the Empire of China. And said process shall be executed by the Hon. C. D. MacDougall, United States marshal for said district.'

An appeal was prosecuted to the district court of the United States for the northern district of New York, but the appeal was dismissed, and the judgment for the deportation of the defendant was affirmed.

From the final order of the district court an appeal was then

Messrs. Max J. Kohler and B. Lewinson for appellant.

Assistant Attorney General Hoyt and Solicitor General Richards for appellee.

Mr. Chief Justice Fuller delivered the opinion of the court: