Elting v. North German Lloyd v. 10 8212 11, 1932

• Decision Date: 05 December 1932
• Docket Number: No. 42,42
• Parties: ELTING, Collector of Customs, v. NORTH GERMAN LLOYD. Argued Nov. 10—11, 1932
• Court: U.S. Supreme Court

287 U.S. 324

53 S.Ct. 164

77 L.Ed. 337

ELTING, Collector of Customs,

v NORTH GERMAN LLOYD.

No. 42.

Argued Nov. 10—11, 1932.

Decided Dec. 5, 1932.

The Attorney General and Mr. Charles B.

Rugg, Asst. Atty. Gen., for petitioner.

Mr. Melville J. France, of New York City, for respondent.

Mr. Justice STONE delivered the opinion of the Court.

Respondent, an operator of steamships, brought suit in the District Court for Southern New York to recover a fine imposed on it by the Secretary of Labor, under section 6 of the Quota Act of 1921, c. 8, 42 Stat. 5, as amended May 11, 1922, c. 187, 42 Stat. 540, for bringing into the United States an alien, inadmissible under that act. Upon pleadings and affidavits, the District Court gave summary judgment for the respondent which was affirmed by the Court of Appeals for the Second Circuit, 54 F.(2d) 997. The case is here on certiorari, 286 U.S. 538, 52 S.Ct. 641, 76 L.Ed. 1277.

The Quota Act of 1921 imposed restrictions on the number of immigrants of any nationality who might annually be admitted to the United States, but provided by section 2(a)(4) that the restriction should not apply to 'aliens visiting the United States as tourists or temporarily for business or pleasure.' The 1922 amendment of the act added section 6,¹ which provides:

'That it shall be unlawful for any person * * * to bring to the United States * * * any alien not admissible under the terms of this Act or regulations made thereunder, and if it appears to the satisfaction of the Secretary of Labor that any alien has been so brought, such person * * * shall pay to the collector of customs * * * the sum of $200 for each alien so brought, and in addition a sum equal to that paid by such alien for his transportation * * * such latter sum to be delivered * * * to the alien. * * *'

The section also provides:

'Such fine shall not be remitted or refunded unless it appears to the satisfaction of the Secretary of Labor that such inadmissibility was not known to, and could not have been ascertained by the exercise of reasonable diligence by, such person * * * prior to the departure of the vessel. * * *' The record in the present case raises no question of the correctness or sufficiency of the procedure before the Secretary of Labor. The only issue is the legality upon the unchallenged facts of the imposition of the fine and the refusal of the Secretary to remit it.

On February 14, 1924, respondent brought a German alien to the United States on its steamship 'Bremen.' On embarkation the alien had represented to the respondent that he was going to the United States on a temporary visit for the purpose of collecting an inheritance, and was in possession of a United States consular visa, bearing the notation: 'Purpose to proceed to the United States on business only within the meaning of section 2 of the Restrictive Immigration Law.' Upon arrival in the United States, the alien was detained by immigration officials, and, upon a hearing before a Board of Special Inquiry, his claim that he was visiting the United States temporarily for business was rejected. He was ordered deported, on the ground that he was a quota immigrant, and the quota applicable to his nationality was then exhausted. At the hearing before the Board, it appeared that he arrived without money or a return ticket. His passage had been paid by a relative in the United States. He claimed to be coming to the United States to collect an inheritance of $400, but was without documentary evidence to support this claim, and it had cost him nearly one-half of the amount of the legacy to come here.

The Secretary notified the respondent that the ascertained facts indicated its liability to a fine (including the repayment of passage money) for bringing the alien to the United States, but permitted the vessel to clear upon respondent's depositing with the collector under protest the amounts to be paid. The imposition of the fine was protested on the ground that respondent had accepted the alien for transportation in good faith, in reliance upon the consular visa and the notation upon it. It does not appear that the respondent made any inquiry as to the truth of the alien's claim to be a temporary visitor to the United States for the purpose of collecting an inheritance. After a hearing, the Secretary required payment of the fine and passage money and refused to remit the penalties.

The court below held that the fine was illegally imposed, for, if the alien was in fact within the excepted class, he was admissible; hence it was lawful for him to come to the United States to present evidence in support of his right to enter, and it was lawful for the respondent to bring him. Te respondent argues here, in addition, that the general purpose of the Quota Act was to exclude immigrants, and the provisions of section 6 imposing penalties for bringing an 'alien,' must be read as applicable only to aliens who seek admission as immigrants.

DBThe statute...