United States Supreme Court Cases & Opinions

U.S. Supreme Court

Tang Tun v. Edsell, 223 U.S. 673 (1912)

Tang Tun v. Edsell

No. 45

Argued November 7, 1911

Decided March 11, 1912

223 U.S. 673

Syllabus

Under the Acts of August 18, 1894, c. 301, 28 Stat. 372, 390, and of February 14, 1903, c. 552, 32 Stat. 825, the decision of the question of citizenship of a Chinese person seeking to enter the United States is final unless reversed on appeal by the Secretary of Commerce and Labor, and unless it affirmatively appears that the executive officers acted unlawfully or improperly, or abused their discretion, their finding is conclusive, and not subject to review by the Courts.

In this case, it appears that the requirements of the law were satisfied, and there is no ground for judicial intervention.

The decision of an appeal is nonetheless that of the Secretary of Commerce and Labor because communicated by the Assistant Secretary, Hannibal Bridge Co. v. United States, 221 U. S. 194, by telegram, and later verified by letter.

The fact that a case is quickly decided, in this case two days after it submission, is not a basis for attack on ground of abuse of discretion or denial of due process.

Where the district court takes jurisdiction and proceeds to determine the merits in a habeas corpus proceeding, the respondent can carry the case to the Circuit Court of Appeals.

168 F.4d 8 affirmed.

The facts, which involve the right of a Chinese person to enter the United States and whether the inquiry to determine whether such person should enter was properly conducted, are stated in the opinion.

Page 223 U. S. 674