Lloyd Sabaudo Societa Anonima Per Azioni v. Elting, 287 U.S. 329 (1932)
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Lloyd Sabaudo Societa Anonima per Azioni v. Elting
No. 48
Argued November 11, 1932
Decided December 5, 1932
287 U.S. 329
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
1. On certiorari, only so much of the judgment below as was adverse to the petitioner is reviewable. P. 331.
2. Section 9 of the Immigration Act of 1917, as amended, which confers upon the Secretary of Labor, as an administrative officer, authority to impose money penalties upon persons or transportation companies bringing to the United States aliens afflicted with any of the diseases therein enumerated, or with any mental or physical defect which may affect his ability to earn a living, when it appears to the satisfaction of the Secretary that such disease or defect was existent and discoverable by competent medical examination at the time of embarkation, was a valid exercise of the power of Congress. P. 334.
3. The statute is an incident to the exercise by Congress of its plenary power to control the admission of aliens, and inasmuch as the fines prescribed are not unreasonable or confiscatory in amount, their imposition by administrative action, rather than by judicial procedure, does not deny due process. P. 335.
4. In determining liability under the section, the Secretary’s conclusion as to the weight of the evidence is final, and his determination will not be set aside where challenged solely upon this ground. P. 338.
5. Where, in determining liability, the Secretary fails to consider evidence before him, he exceeds his authority; where he relies alone upon the medical opinion of examining physicians at the port of entry, without submitting to them facts which might properly have influenced their opinion, he acts arbitrarily and unfairly; and, in either case, his determination must be set aside. P. 339.
6. The statute is violated when an alien not admissible under its terms is brought to the United States, and a penalty may thereupon be imposed notwithstanding that the admissibility of the alien could not be determined in advance of his arrival, or that he was not seeking to remain here permanently. Eltin v. North German Lloyd, ante p. 324. P. 340.
7. To secure remission of the fine imposed under § 16 of the Immigration Act of 1924, a transportation company which brought to the United States a quota immigrant having a nonquota visa, in violation of that section, has the burden of establishing to the satisfaction of the Secretary that it could not have been ascertained by the exercise of reasonable diligence that the alien was a quota immigrant. P. 341.
55 F.2d 1048 reversed in part.
Certiorari, 286 U.S. 53, to review a judgment which affirmed in part and reversed in part a judgment in an action brought by the steamship company against the Collector of Customs to recover fines imposed under the Immigration Act. Opinion of District Court, 45 F.2d 405; see also 46 F.2d 315.