Ah How v. United States, 193 U.S. 65 (1904)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 193 U.S. 53, click here.

Ah How v. United States


Nos. 307-309

, 312


Argued January 12, 1904
Decided February 23, 1904
193 U.S. 65

APPEALS FROM THE DISTRICT COURT OF THE UNITED
STATES FOR THE EASTERN DISTRICT OF NEW YORK

Syllabus

The Act of April 29, 1902, c. 641, continuing all laws then in force "so far as the same are not inconsistent with treaty obligations," does not repeal § 3 of the Act of May 5, 1892, putting the burden of proving their right to remain in this country on Chinese arrested under the act. Neither does it repeal § 6 of the act requiring Chinese laborers who are entitled to remain in the United States to obtain a certificate of residence.

A written statement by a United States commissioner that a Chinese person of a certain name was brought before him and was adjudged to have the right to remain in the United States by reason of being a citizen is not evidence of a judgment.

The facts are stated in the opinion.