Liverpool, New York Philadelphiaco v. Commissioners of Emigration

• Decision Date: 05 January 1885
• Docket Number: STEAM-SHIP
• Citation: 113 U.S. 33,28 L.Ed. 899,5 S.Ct. 352
• Parties: LIVERPOOL, NEW YORK & PHILADELPHIACO. v. COMMISSIONERS OF EMIGRATION
• Court: U.S. Supreme Court

113 U.S. 33

5 S.Ct. 352

28 L.Ed. 899

LIVERPOOL, NEW YORK & PHILADELPHIA STEAM-SHIP CO. v. COMMISSIONERS OF EMIGRATION.

January 5, 1885.

Ashbel Green, for plaintiff in error.

Louis Sanders and Geo. N. Sanders, for defendant in error.

MATTHEWS, J.

The plaintiff in error was plaintiff below, and, being a corporation under the laws of Great Britain, and an alien, brought this action in the circuit court of the United States for the Southern district of New York, the defendant being a corporation of that state.

The action was in form indebitatus assumpsit, and the substance of the declaration was as follows: '(3) And the said plaintiff, by its said attorneys, complains of the said defendant in a plea of assumpsit upon implied promise for that, whereas, the said defendant, on the tenth day of February, 1875, at the city of New York, in the Southern district of New York, aforesaid, was indebted to the said plaintiff in the sum of one million and ninety-three thousand dollars and upwards, lawful money of the United States of America, for certain commutation moneys from the plaintiff unlawfully demanded, exacted, and received at the city of New York by the said defendant under color of certain laws in the state of New York, concerning passengers in vessels coming to the state of New York, and concerning the powers and duties of commissioners of emigration, and for the regulation of marine hospitals, and paid by the said plaintiff under the inducement of certain representations of the defendant, this plaintiff being an alien and not knowing the laws of the state of New York, and under protest at various times preceding the said tenth day of February, 1875, and in various sums, and to and for the use of the plaintiff. (4) And being so indebted, the said defendant, in consideration thereof, afterwards, to-wit, on the same day and year last aforesaid, at the place aforesaid, undertook and then and there faithfully promised the said plaintiff, well and truly to pay unto the said plaintiff, the said sum of money when,' etc., and alleging a breach thereof.

To this declaration, treating it as a complaint according to the procedure under the New York Code, the defendant filed an answer setting up several distinct defenses, and, among others, the following: '(7) That by an act of congress, entitled 'A bill to legalize the collection of head-moneys already paid,' approved June 19, 1878, the acts of every state and municipal officer or corporation in the several states of the United States in collection of head-moneys for every passenger brought to the United States prior to the first day of January, 1877, under then existing laws of the several states, were declared valid, and the said acts were ratified, adopted, and confirmed by the United States; and it was further declared that no suits for the recovery of the moneys so paid should be maintained against any state or municipal officer or corporation. That plaintiff, in prosecuting this action, is maintaining it for the recovery of head-moneys paid prior to first January, 1877, pursuant to the then existing laws of the state of New York, for passengers, by the master, consignee, or owner of vessels bringing passengers to the United States from a foreign port, against this defendant as a state corporation of New York, against the form of the statute aforesaid, which said statute this defendant pleads in bar of plaintiff's right to maintain this action, and of the jurisdiction of this court to entertain the same.'

The bill of exceptions, taken at the trial, shows the following proceedings: 'The counsel for the said plaintiff opened the cause to the jury. The defendant's counsel moved to dismiss on the grounds that the court had no jurisdiction, and that an act of congress, entitled 'A bill to legalize the collection of head-moneys already paid,' approved June 19, 1878, was a bar to any recovery on any of the alleged causes of action set forth in the complaint. Whereupon the court, being of opinion that said bill was a bar to any recovery on any of the alleged causes of action set forth in the complaint, upon that ground refused to hear evidence, and directed a verdict for the defendants, and that the defendants have judgment against the plaintiff, with costs. Whereupon the counsel for the plaintiffs, in due time, then and there duly excepted to the ruling, opinion, decision, and direction of the said judge,' etc. Judgment was accordingly rendered for the defendant, to review which this writ of error is prosecuted.

The act of congress of June 19, 1878, referred to in the bill of exceptions by its title, is as follows, (20 St. 177:) 'Be it enacted, etc., that the acts of every state and municipal officer, or corporation, of the several states of the United States, in the collection of head-moneys, prior to the first day of January, 1877, from the master, consignee, or owner of any vessel bringing passengers to the United States from a foreign port, pursuant to the then existing laws of the several states, shall be valid, and no action shall be maintained against any such state, or municipal officer, or corporation, for the recovery of any moneys so paid of collected prior to said date.'

It is contended by counsel for the plaintiff in error that the sole question open for argument here, because the only one passed on by the circuit court, is whether this act of congress is a valid enactment, though it is admitted that this question...