Elting v. North German Lloyd, 287 U.S. 324 (1932)

Elting v. North German Lloyd

No. 42

Argued November 10, 11, 1932
Decided December 5, 1932
287 U.S. 324

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SECOND CIRCUIT

Syllabus

1. Section 6 of the Quota Act, as amended, imposing penalties for bringing to the United States any alien not admissible under the terms of the Act, applies to all aliens who are not within the quota or one of the excepted classes, whether seeking admission as immigrants or not. P. 327.

2. A penalty under the section may legally be imposed upon a transportation company for bringing to the United States an alien who upon arrival is found to be inadmissible, although the statute imposes no penalty, other than possible exclusion, upon the alien for coming here to present evidence in support of his right to enter. P. 327.

3. The Secretary did not abuse his discretion in refusing to remit a fine for bringing an inadmissible alien to the United States where he gave the carrier a hearing and acted on substantial evidence tending to show that, by the exercise of reasonable diligence in making inquiry of the alien before sailing, it could have ascertained that the alien was not entitled to admission as a member of an excepted class. P. 328.

4. The transportation company was bound to know the law that a consular visa on the alien’s passport, noting that he was going to the United States "on business," did not, of itself, entitle the alien to entry as a member of that excepted class. P. 329.

54 F.2d 997 reversed.

Certiorari, 286 U.S. 538, to review a judgment affirming a judgment against the Collector in a suit brought by the steamship company to recover a fine imposed on it under the Quota Act.