Page:United States Reports, Volume 209.djvu/488

 462 OCTOBER TERM, 1907. Opinion o,: the Court. 209 U. $. tunity to assert his rights before a competent court. There being no provision of the statute that the hearing shall be upon a transcript of the proceedings before the commissioncr, we think when a party demands it Congres intends he shall have the right to a hearing and iudicial determination before the District Judge. In the case of Ah How v. United States, 193 U.S. 65, it was assumed that the iudgo who tried the case upon appeal did so solely upon the commissioner's report, and hvard no witnesses. In Tom Hontj v. United States, 193 U.S. 517, the commissioner made a finding, which was made part of the record by order of the District Court. In the present case the record shows that there was befor the District Court the transcript of the proceedings hereinbefore set out as having taken place before � the commiaioner on Deucetuber 29, 1904; and then, without the order of the court, an additional and separate finding of the commissioner appears. to-have been filed. We are not aware of any statute that gives the commissioner a right to make up and file such additlonat finding; he had made and filed a certified transcript in be case, and there ended hs authority in the matter. Ther was o rder, as in the Ton Hon case, making the commissioner's findings part of the record. There was no consent to a hearing of the case upon such additional findings, and the ease presented to the District Judge embraced the student's ertificate hereinbefore referred to, and a state- ment that witnesses were examined without 'any findings of facts or the giving of any testimony. On this state of the record we are of tbe opinion that the court hd no authority to order the deportation of the Chinamn. The 'treaty with China .provides that officials, teachers, students, etc., shall have the privilege of corning to and re- siding in the United States (Article 3, Treaty of December, 1894, above referred to), and further provides: "To entitle such Chinese subjects as are above described to admission into the United States, they may produce a cer- tiffcate from their government or the government where they

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