THE NOWSHERA

• Decision Date: 29 December 1926
• Citation: 17 F.2d 810
• Parties: THE NOWSHERA. THE NEWBY HALL. THE SUTTON HALL.
• Court: U.S. District Court — Southern District of New York

17 F.2d 810 (1926)

THE NOWSHERA.

THE NEWBY HALL.

THE SUTTON HALL.

District Court, S. D. New York.

December 29, 1926.

Emory R. Buckner, U. S. Atty., of New York City (Mary R. Towle, Asst. U. S. Atty., of New York City, of counsel), for the United States.

Kirlin, Woolsey, Campbell, Hickox & Keating, of New York City (W. H. Arnold and Charles B. Hester, all of New York City, of counsel), for claimant.

AUGUSTUS N. HAND, District Judge.

These are libels of information against the above-named vessels, alleging that the vessels, respectively, brought to the port of New York and into the United States from a foreign port certain aliens employed on board said vessels, and that said aliens were excluded from admission to the United States by a law of the United States regulating the admission of aliens, namely, the Immigration Act of February 5, 1917 (Comp. St. ß 4289ºa et seq.); that, while the aliens were on board, the Commissioner of Immigration notified in writing the chief officer and master to detain the aliens on board the said vessels; that the chief officer and master, after receiving said notice, negligently failed to detain the aliens, and negligently permitted them to desert the vessel and to land in the United States, in violation of section 32 of the Act of February 5, 1917 (Comp. St. ß 4289ºr). For the foregoing reasons, the libels allege that the steamships each became liable for the payment of a statutory penalty.

Although not specifically set forth in the libel, it was admitted at the argument that the aliens in question were East Indians. As such they were barred by the terms of section 3 of the Act of February 5, 1917 (Comp. St. ß 4289ºb), from entering the country unless a seaman, irrespective of whether or not he comes within the prohibited class, be regarded as entitled to enter by reason of a right to "shore leave." Section 32 of the Act of February 5, 1917, reads as follows:

"That no alien excluded from admission into the United States by any law, convention, or treaty of the United States regulating the Immigration of aliens, and employed on board any vessel arriving in the United States from any foreign port or place shall be permitted to land in the United States, except temporarily for medical treatment, or pursuant to regulations prescribed by the Secretary of Labor providing for the ultimate removal or deportation of such alien from the United States, and the negligent failure of the owner, agent, consignee, or master of such vessel to detain on board any such alien after notice in writing by the immigration officer in charge at the port of arrival, and to deport such alien, if required by such immigration officer or by the Secretary of Labor, shall render such owner, agent, consignee, or master liable to a penalty not exceeding $1,000, for which sum the said vessel shall be liable, and may be seized and proceeded against by way of libel in any district court of the United States...