Scharrenberg v. Dollar Steamship Co., 245 U.S. 122 (1917)

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Scharrenberg v. Dollar Steamship Company


No. 192


Argued October 12, 1917
Decided November 5, 1917
245 U.S. 122

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE NINTH CIRCUIT

Syllabus

Inducing and assisting aliens to come from abroad, working as seamen on the way, for bona fide service as seamen on an American ship during her voyage from American ports to foreign countries and while she lies in such ports preparatory to or in the course of such voyage, is not an assisting or encouraging of the importation or migration of alien "contract laborers" "into the United States," within §§ 4 and 5 of the Act of February 20, 1907, 34 Stat. 898, a amended by the Act of March 26, 1910, 36 Stat. 263.

As these acts of Congress apply to all alien contract laborers without regard to their origin or nationality, in a suit to enforce their highly penal provisions, the circumstance that the aliens in question were Chinese subjects is without significance.

An American ship engaged in foreign commerce is not a part of the territory of the United States in the sense that seamen employed upon her while in American ports or on voyages can be said to be performing labor in this country within the meaning of the statutory provisions above cited.

229 F. 970 affirmed.

The case is stated in the opinion.