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WEEDIN v. WONG JUN

No. 4522.

7 F.2d 311 (1925)

WEEDIN, Com'r of Immigration, v. WONG JUN.

Circuit Court of Appeals, Ninth Circuit.

August 3, 1925.

Attorney(s) appearing for the Case

Thos. P. Revelle, U. S. Atty., and Donald G. Graham, Asst. U. S. Atty., both of Seattle, Wash., for appellant.

Hugh C. Todd, of Seattle, Wash., for appellee.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.

GILBERT, Circuit Judge (after stating the facts as above).

The appeal presents the question of law whether upon the admitted facts Wong Chai Chong is a merchant. The rulings of immigration officials upon the question whether a restaurant keeper is a merchant have, at different periods, been subject to change. Until 1893 he was held to be a laborer. Thereafter, owing to the opinion of the Attorney General (20 Op. Attys. Gen. 602), the reverse was held. In consequence...

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