G.R. No. 1914. August 12, 1905

Chin Tze, the appellant in this case, was convicted of violation of
the immigration laws, and sentenced in the Court of Customs Appeals in
accordance with the provisions of section 11 of an act of Congress of
May 6, 1882, as amended by the act of Congress of July 5, 1884, as
continued in force and effect by acts of Congress of May 5, 1892, and
April 29, 1902, when its provisions were made applicable to the
Philippine Islands.

It is urged that the said act of July 5, 1884, was abrogated by the
provisions of section 15 of an act of Congress of September 13, 1888.
But this section expressly provided that said abrogation should only
take effect upon the ratification of a certain treaty with China, then
pending, and expressly mentioned in paragraph 1 of said act. This
treaty never was ratified, and therefore the express abrogation of
section 11 of said act relied upon by counsel for the defense never
took effect.

On May 5, 1892, the provisions of the said section 11 of the act of
Congress of May 6, 1882, as amended by act of Congress of July 5, 1884,
were continued in force for a period of ten years, and by act of
Congress of April 29, 1902, said section 11 of said act, being then in
force by virtue of said act of Congress of May 5, 1892, was made
applicable to the Philippine Islands, and continued in full force and
effect up to the date of the commission of the offense and the trial
and conviction of the appellant. (U. S. vs. Long Hop, 55 Fed. Rep., 58; Li Sing vs. U. S. 180 U. S., 489; Wan Shing vs. U. S., 140 U. S., 424.)

We are of opinion that the evidence adduced at the trial fully
sustains the findings of the trial judge, and that the guilt of the
appellant was established beyond a reasonable doubt, and we find no
error in the proceeding prejudicial to the rights of the accused.

The sentence appealed from should be affirmed, with costs against the appellant. So ordered.

Arellano, C. J., Torres Mapa, and Johnson, JJ., concur.
Willard, J., did not sit in this case.