Oregon; that he had gone back to China and there married Li Tom Shi according to the Chinese customs and with the usual Chinese ceremonies, but that he had another wife with whom he lived when in China, and that Li A. Tsoi was the daughter by that wife. It was testified that a man in China could have as many wives as he had means to support.
The District Court, however, determined that it had no jurisdiction to review the action of the executive officers, and dismissed the petition. The court cited Nishimura Ekiu's case, 142 U.S. 651, and United States v. Gin Fung, decided by the Circuit Court of Appeals of the Ninth Circuit, 100 Fed. Rep. 389. The District Court said In re Lee Lung, 102heard by the Secretary in person or by a subordinate official in his department, or is heard at all."
It was decided in Nishimura Ekiu's case that Congress might entrust to an executive officer the final determination of the facts upon which an alien's right to land in the United States was made to depend, "and that if it did so, his order was due process of law, and no other tribunal, unless expressly authorized by law to do so, was at liberty to reexamine the evidence on which he acted, or to controvert its sufficiency." This doctrine was affirmed in Lem Moon Sing v. United States, 158 U.S. 538, and at the present term in Fok Yung Yo v. United States, 185 U.S. 296, and Lee Gon Yung