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Compagnie Generale Transatlantique v. Elting, 298 U.S. 217 (1936)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Compagnie Generale Transatlantique v. Elting, 298 U.S. 217 (1936)
Compagnie Generale Transatlantique v. Elting No. 6 Argued October 14, 1935 Decided May 18, 1936 * 298 U.S. 217
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
1. Section 20(a) of the Immigration Act of 1924 imposes a fine upon "the owner, charterer, agent, consignee or master" of any vessel arriving in the United States from any place outside who fails to detain any alien seaman employed on such vessel, after inspection by the immigration officer in charge at the port of arrival, if required by such officer to do so.
Held, that the duty to detain is personal, and that, where the requirement is made of the master, the owner, if not notified of it, is not liable if the seaman escapes. P. 222.
2. While the admiralty law regards the master of a ship as the agent of the owner, § 20(a), supra, takes no account of that relation, but deals with the master just as it does with the owner; if either is notified to detain, he must comply or be subjected to fine. Nothing in the section indicates that notice to the master to detain an alien seaman, and his failure to obey the direction, are to be imputed to the owner and made the basis of fining him. P. 225.
74 F.2d 209 reversed.
Certiorari in two cases, 295 U.S. 724, to review judgments upholding fines imposed by immigration authorities upon the owners of two vessels for failure to detain on board certain alien seamen. The actions were by the shipowners for the recovery of sums deposited by them in advance to obtain clearance of their vessels.
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Chicago: U.S. Supreme Court, "Syllabus," Compagnie Generale Transatlantique v. Elting, 298 U.S. 217 (1936) in 298 U.S. 217 298 U.S. 220. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=77IHE237CFS7ULI.
MLA: U.S. Supreme Court. "Syllabus." Compagnie Generale Transatlantique v. Elting, 298 U.S. 217 (1936), in 298 U.S. 217, page 298 U.S. 220. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=77IHE237CFS7ULI.
Harvard: U.S. Supreme Court, 'Syllabus' in Compagnie Generale Transatlantique v. Elting, 298 U.S. 217 (1936). cited in 1936, 298 U.S. 217, pp.298 U.S. 220. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=77IHE237CFS7ULI.
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