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 |
v.
NORTH GERMAN LLOYD.
The Attorney General and Mr. Charles B.
Rugg, Asst. Atty. Gen., for petitioner.
Mr. Melville J. France, of New York City, for respondent.
Page 325
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. * * *'
Page 326
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...
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...Immigration Law of 1917, Act of February 5, 1917, ch. 29, 39 Stat. 874, as amended. These were challenged in Elting v. North German Lloyd, 287 U.S. 324, 53 S.Ct. 164, 77 L.Ed. 337 (1932) and Lloyd Sabaudo Societa v. Elting, 287 U.S. 329, 53 S.Ct. 167, 77 L.Ed. 341 (1932). The due process co......
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