1

THAMES TOWBOAT COMPANY, Libelant Appellee, v. James FIELDS, Respondent Appellee and Andrew W. Mellon, Director General of Railroads, as Agent, under Section 206 of the Transportation Act of 1920, Respondent Impleaded Appellant.

Circuit Court of Appeals, Second Circuit. April 9, 1928.

No. 220.

Appeal from the District Court of the United States for the Southern District of New York.

Macklin, Brown, Lenahan & Speer, of New York City (Horace L. Cheyney, of New York City, of counsel), for Director General.

Leo J. Curren, of New York City (Frank H. Foley, of New York City, of counsel), for James Fields.

Park, Mattison & Lynch, of New York City (Samuel Park and Anthony V. Lynch, Jr., both of New York City, of counsel), for libelant appellee.

Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.

PER CURIAM. Decree (287 F. 155) affirmed.

2

Jack TURNER, Plaintiff in Error, v. UNITED STATES, Defendant in Error.

Circuit Court of Appeals, Fourth Circuit. April 23, 1928.

No. 2696.

In Error to the District Court of the United States for the Western District of Virginia, at Danville; Henry Clay McDowell, Judge.

Hugh T. Williams and John W. Carter, Jr., all of Danville, Va., for plaintiff in error.

J. C. Shaffer, U. S. Atty., of Roanoke, Va., and C. E. Gentry, Asst. U. S. Atty., of Charlottesville, Va.

Before WADDILL and NORTHCOTT, Circuit Judges, and McCLINTIC, District Judge.

PER CURIAM. This case is ruled by that of Dodson v. United States, 23, F. (2d)

ACCOUNT STATED.

8 (U.S.C.C.A.S.D.) Monthly accounts stated
between correspondent national banks held not
subject to impeachment, except for fraud, ac-
cident, or mistake.-Keyes v. First Nat. Bank,
25 F. (2d) 684, affirming judgment (D. C.) 20
F. (2d) 678.

ACKNOWLEDGMENT.

1. NATURE AND NECESSITY.

3 (U.S.D.C.Iowa) Iowa statute changing
prescribed form of certificate of acknowledg-
ment held not to change essentials prescribed
in another statute (Code Iowa 1924, §§ 10103,
10094; Code Iowa 1897, § 2959).-In re Meak-
ins, 25 F. (2d) 305.

II. TAKING AND CERTIFICATE.

32 (U.S.D.C.Iowa) Certificate of acknowl-
edgment indorsed on chattel mortgages held
valid, though title of acknowledging officer did
not appear in body of certificate (Code Iowa
1924, §§ 10103, 10094; Code Iowa 1897, § 2959).
-In re Meakins, 25 F. (2d) 305.

33 (U.S.D.C.Iowa) Subscription is part of
certificate of acknowledgment.-In re Meakins,
25 F.(2d) 305.

III. OPERATION AND EFFECT.

53 (U.S.D.C.Iowa) Notary's certificate of
acknowledgment to conditional sale contract,
not mentioning in body name, title, or county
of subscribing notary, held insufficient as basis
for record (Code Iowa 1924, § 10094).-In re
Holley, 25 F.(2d) 979.

ACTION.

II. NATURE AND FORM.
22 (U.S.C.C.A.N.C.) Action to impress
trust on note in possession of bank's receiver in
favor of estate of plaintiff's ward is purely
equitable.-Williams v. Stone, 25 F. (2d) 588.

ADMIRALTY.

1. JURISDICTION.

5 (U.S.D.C.Wash.) Libel by Norwegian
subject against Norwegian vessel for injuries
sustained at United States port, due to unsea-
worthiness, held within federal court's juris-
diction. The Hanna Nielsen, 25 F. (2d) 984.

18 (U.S.D.C.S.C.) Jurisdiction of United
States maritime courts, independent of foreign
law, extends to torts committed in territorial
waters of foreign powers.-Galef v. U. S., 25 F.
(2d) 134.

II. REMEDIES IN PERSONAM AND IN
REM.

II. EXCLUSION OR EXPULSION.

18 (U.S.C.C.A.III.) Presence of aliens is
matter of governmental consent, not of right.-
Lai To Hong v. Ebey, 25 F. (2d) 714.

Congress may determine length of stay of
aliens and make question determinable by ad-
ministrative officer.-Id.

20 (U.S.C.C.A.III.) Act enlarging scope of
powers of Secretary of Labor with respect to
deportation of aliens held within power of Con-
gress (Immigration Act 1917 [Comp. St. §§
959, 960, 42894a-42891⁄4u]).-Lai To Hong v.
Ebey. 25 F. (2d) 714.

25 (U.S.C.C.A.Mass.) Adopted son of na-
tive born American citizen of Chinese race is
admissible if adopted before January 1, 1924
(Immigration Act 1924, § 28 [8 USCA § 224]).
Tillinghast v. Chin Mon ex rel. Chin Yuen, 25
F. (2d) 262.

31 (U.S.C.C.A.III.) Immigration Act of 1917
held applicable to deportation of Chinese alien
entering United States by fraud before passage
of act (Immigration Act 1917, §§ 19, 38 [8
USCA §§ 155, 178]).—Lai To Hong v. Ebey, 25
F. (2d) 714.

32(1) (U.S.C.C.A.III.) Jurisdiction of Sec-
retary of Labor in deportation proceeding held
not lost by delay of over two years between
hearing and decision (Immigration Act 1917
[Comp. St. §§ 959, 960, 42894a-42891⁄4u]).—
Lai To Hong v. Ebey, 25 F.(2d) 714.

32 (2) (U.S.C.C.A.III.) Alien has no consti-
tutional right to judicial hearing on question of
deportation.-Lai To Hong v. Ebey, 25 F. (2d)

714.

39 (U.S.D.C.S.C.) Claimant, not demanding
trial or serving notice of trial, held not entitled
25 F. (2d)-65

citizenship (8 USCA § 284).-Tom Ung Chai v.
Burnett, 25 F. (2d) 574.

32 (5) (U.S.C.C.A.Mass.) Chinese claiming
right to enter as adopted son of citizen must
show Chinese adoption law.-Tillinghast v. Chin
Mon ex rel. Chin Yuen, 25 F. (2d) 262.

32(8) (U.S.C.C.A.Hawaii) Discrepancies in
testimony of Chinese person held to justify his
deportation on ground he was not born in Unit-
ed States.-Tom Ung Chai v. Burnett, 25 F. (2d)
574.

32 (8) (U.S.C.C.A.Mass.) Evidence held in-
sufficient to show Chinese applicant was adopted
son of citizen.-Tillinghast v. Chin Mon ex rel.
Chin Yuen, 25 F. (2d) 262.

32(8) (U.S.D.C.Mass.) Discrepancies in
testimony of Chinese applicant's alleged fa-
ther and brother held too insignificant to war-
rant exclusion.-Jew Yut Chew v. Tillinghast,
25 F.(2d) 886.

32(9) (U.S.C.C.A.III.) Constitutional right
of accused to speedy trial does not apply to alien
in deportation proceedings.-Lai To Hong v.
Ebey, 25 F. (2d) 714.

32(9) (U.S.D.C.Mass.) Exclusion by rea-
son of insignificant discrepancies in testimony
of Chinese applicant's alleged father and broth-
er held to show unfair hearing.-Jew Yut Chew
v. Tillinghast, 25 F. (2d) 886.

32(12) (U.S.C.C.A.Hawaii) Chinese person
having denied making admissions to immigration
authorities discrediting his citizenship claim,
question of duress was not presented on review.
Tom Ung Chai v. Burnett, 25 F. (2d) 574.

32(13) (U.S.C.C.A.La.) Order deporting
Chinese alien held not superseded by appeal not
timely taken.-U. S. ex rel. Chin Thyn v. Loisel,
25 F. (2d) 302.

III. IMMIGRATION.

46 (U.S.C.C.A.Pa.) Member of Six Na-
tions tribe residing in Canada held authorized to
cross boundary to work as skilled structural
iron worker.-McCandless v. U. S. ex rel. Diabo,
25 F.(2d) 71, affirming order (D. C.) U. S. ex
rel. Diabo v. McCandless, 18 F. (2d) 282.

46 (U.S.D.C.Mass.) Permit for temporary
visit abroad did not give alien, in excluded class
because of illiteracy, right to re-enter United
States (8 USCA § 210, par. [f]; Immigration
Act Feb. 5, 1917, § 3 [8 USCA § 136]).—Ex
parte Di Stephano, 25 F. (2d) 902.

512 (U.S.C.C.A.N.Y.) Italian clarinetist,
admitted for temporary stay, did not forfeit ex-
emption as "artist" by failing to claim it orig-
inally (Comp. St. § 42891⁄2a(d); 8 USCA §
155).-U. S. ex rel. Gentile v. Day, 25 F. (2d)
717.

53 (U.S.D.C.Mass.) Alien seaman, allowed
to land for purpose of reshipping foreign, was
subject to deportation after reasonable time
(Immigration Act 1917 18 USCA § 101 et
seq.).-Ex parte Di Stephano, 25 F.(2d) 902.

53 (U.S.D.C.Pa.) Alien "admitted and dis-
charged for permanent residence as returning
to his home in the United States" October 22,
1923, held not subject to deportation (Act May
11, 1922 [42 Stat. 540]; Act May 26, 1924 [43
Stat. 153]).-U. S. ex rel. Hentschell v. Mc-
Candless, 25 F. (2d) 1013.

~54 (17) (U.S.C.C.A.Or.) Appellate court,
on habeas corpus by alien, is concerned only as
to whether evidence supported finding of de-
portation. Mita v. Bonham, 25 F. (2d) 11.

IV. NATURALIZATION.

62(3) (U.S.C.C.A.La.) Provision restricting
naturalization of alien seamen, serving on ves-
sels of foreign registry should be narrowly_con-
strued (Act June 29, 1906, § 4. subd. 7. as
added by Act May 9, 1918 [8 USCA § 384]).—
U. S. v. Nicolich, 25 F.(2d) 245, affirming
judgment (D. C.) 17 F. (2d) 611. and followed
in (C. C. A.) U. S. v. Persson, 25 F. (2d) 247.
Seaman admitted to United States as immi-
grant, who established domicile in good faith,
held entitled to naturalization notwithstanding
service on ships of foreign registry (Act June
29, 1906, § 4, subd. 7. as added by Act May
9, 1918 [8 USCA § 384]).—Id.

quashing

III. DECISIONS REVIEWABLE.
(D) Finality of Determination.
78(2) (U.S.C.C.A.W.Va.) Order
service of process on ground that person served
was not agent of defendant corporation having
and appealable.-Henderson v. Richardson Co.,
no regular place of business in district is final
25 F.(2d) 225.

IV. RIGHT OF REVIEW.
(B) Estoppel, Waiver, or Agreements
Affecung Right.

161 (U.S.C.C.A.Okl.) Party accepting part
of property claimed by him and awarded by
judgment is not estopped from appealing.
Mudd v. Perry, 25 F. (2d) 85, affirming decree
(D. C.) 14 F.(2d) 430.`

193(5) (U.S.C.C.A.Iowa) Failure of bill of
note indorser suing coindorsers for contribution
to allege maker's insolvency, not raised by ob-
jection in limine, held immaterial on appeal,
where record showed insolvency.-Hunn
Lewis, 25 F. (2d) 271.

V.

(U.S.C.C.A.Ark.) Objection that
waiver was not pleaded, not made during trial,
could not be raised on appeal.-New York Un-
derwriters' Fire Ins. Co. v. Malham & Co., 25
F. (2d) 415.

203 (2) (U.S.C.C.A.Ark.) Appellate court
will not review objections to evidence not pre-
sented to trial court.-American Petroleum Co.
v. Missouri Pac. Ry. Co., 25 F. (2d) 441.

231(3) (U.S.C.C.A.Ky.) Where objections
to alleged incompetent testimony stated no