United States v. Yuen Yee Sum

D. Oregon

United States v. Yuen Yee Sum

153 F. 494, 1907 U.S. Dist. LEXIS 289

CourtDistrict Court, D. Oregon

DecidedApril 8, 1907

DocketNo. 4,791

StatusPublished

This text of 153 F. 494 (United States v. Yuen Yee Sum) is published on Counsel Stack Legal Research, covering District Court, D. Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Yuen Yee Sum, 153 F. 494, 1907 U.S. Dist. LEXIS 289 (D. Or. 1907).

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Opinion

WODVERTON, District Judge.

The defendant, being a Chinaman, is charged, by proper complaint addressed to the United States commissioner, J. A. S la den, with being a laborer and not belonging to any of the excepted classes of Chinese persons provided by law, and therefore unlawfully within the United States. The cause coming on to be heard before the commissioner, the defendant offered no evidence to sustain his right to remain here, and a judgment of deportation was entered on November 25, 1904. An appeal was taken to the District Court, by notice filed and served on January 11, 3905. The cause having been certified here, the government moves to dismiss, for the reason that the appeal was not taken within 10 days, the time prescribed by section 13, Act Sept. 13, 1888, c. 1015, 25 Slat. 479 [U. S. Comp. St. 1901, p. 133 7]. Unless the appeal is taken within the time fixed by law, this court can acquire no jurisdiction to hear and determine the cause. The statute was designed as a summary proceeding to insure a speedy hearing, so that matters might be terminated shortly, and the defendant deported if unlawfully within the United States, or discharged if rightfully here. It is very evident, from a survey of the dates, that the appeal was not taken within the time allotted.

Therefore the cause should be dismissed. See Chow Loy v. United States, 112 Fed. 354, 50 C. C. A. 279.

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WODVERTON, District Judge.

The defendant, being a Chinaman, is charged, by proper complaint addressed to the United States commissioner, J. A. S la den, with being a laborer and not belonging to any of the excepted classes of Chinese persons provided by law, and therefore unlawfully within the United States. The cause coming on to be heard before the commissioner, the defendant offered no evidence to sustain his right to remain here, and a judgment of deportation was entered on November 25, 1904. An appeal was taken to the District Court, by notice filed and served on January 11, 3905. The cause having been certified here, the government moves to dismiss, for the reason that the appeal was not taken within 10 days, the time prescribed by section 13, Act Sept. 13, 1888, c. 1015, 25 Slat. 479 [U. S. Comp. St. 1901, p. 133 7]. Unless the appeal is taken within the time fixed by law, this court can acquire no jurisdiction to hear and determine the cause. The statute was designed as a summary proceeding to insure a speedy hearing, so that matters might be terminated shortly, and the defendant deported if unlawfully within the United States, or discharged if rightfully here. It is very evident, from a survey of the dates, that the appeal was not taken within the time allotted.

Therefore the cause should be dismissed. See Chow Loy v. United States, 112 Fed. 354, 50 C. C. A. 279.

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Bluebook (online)

153 F. 494, 1907 U.S. Dist. LEXIS 289, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-yuen-yee-sum-ord-1907.

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