Page:Copy of Letter from Assistant Secretary, Department of Commerce and Labor, to Commissioner of Immigration, San... - NARA - 296031.jpg

 (COPY) DEPARTMENT OF COMMERCE AND LABOR Office of the Secretary Washington No. 13393-C December 13, 1904

Commissioner of Immigration, San Francisco, California.

Sir: Referring to your letter of the 14th instant, No. 1212-C, the Department returns herewith the record in the appealed case of Ju Toy, who arrived at your port October 24, 1904, as No. 36, ex Steamship "Doric," and was rejected by you on the 5th instant.

This appellant claims that he was born in San Francisco at 1031 Dupont Street, twenty-eight years ago; that in the 1st month of K.S. 8 (1882) - when he was about five years of age - his parents returned to China, leaving him in the custody of a man named Ju Sing Foon; and that the only two persons now residing in this country acquainted with the facts in this case are Ju Sing and Ju Fung. These two witnesses appeared in the appellant's behalf; and while their testimony is consistent in many respects, one of them insists that the place of appellant's birth and of his parents' residence was 1301 Dupont Street, and the other asserts that the latter's parents departed for China when he (witness) was about a year or two old and yet he remembers them, and that he was told about the date and place of appellant's birth during his acquaintance with him in early childhood and has remembered such facts ever since, without having to refer to any memoranda or being further advised regarding them.

In view of the foregoing and of the fact that it is not possible to substantiate the departure from this country of the alleged parents of the appellant, as claimed, the Department is constrained to hold that his birth in this country has not been satisfactorily established, and accordingly dismisses the appeal.

Respectfully, (signed) Lawrence C. Murray Assistant Secretary FPS

AWP. Inca. #13393/1.

Certified to be a true copy of the original filed in this office.