United States v. New York & Cuba Mail S.S. Co., 269 U.S. 304 (1925)

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United States v. New York & Cuba Mail Steamship Company


No. 65


Argued October 20, 1925
Decided December 14, 1925
269 U.S. 304

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT

Syllabus

1. The Act of December 26, 1920, providing, inter alia, that "alien seamen" found on arrival in ports of the United States to be afflicted with any of the diseases mentioned in § 35 of the Immigration Act of 1917 shall be placed in a hospital designated by an immigration official and treated, and that all expenses connected therewith shall be borne by the owner or master of the vessel, applies to seamen who are aliens in personal citizenship, without regard to whether the nationality of the vessel be foreign or domestic. P. 310.

2. As applied to American vessels, this provision is not repugnant to the due process clause of the Fifth Amendment, and is within the power of Congress over the exclusion of aliens. P. 313.

297 F. 159 reversed; Dist. Ct. affirmed.

Certiorari to a judgment of the circuit court of appeals which reversed a judgment of the district court recovered by the United States from the Steamship Company, representing the hospital expenses incurred in curing a diseased seaman.