Taylor v. United States, 207 U.S. 120 (1907)

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Taylor v. United States

Nos. 238

, 404

Argued October 24, 25, 1907
Decided November 18, 1907
207 U.S. 120

CERTIORARI TO THE CIRCUIT COURT OF

APPEALS FOR THE SECOND CIRCUIT

Syllabus

Even though one who make it possible for an alien to land by omitting due precaution to prevent it may permit him to land within the meaning of the penal clause of § 18 of the Immigration Act of March 3, 1903, 32 Stat. 1217, that section doe not apply to the ordinary case of a sailor deserting while on shore leave.

This construction is reached both by the literal meaning of the expression "bringing to the United States" and "landing from such vessel" and by a reasonable interpretation of the statute, which will not be construed as intending to altogether prohibit sailors from going ashore while the vessel is in port.

The fact that an alien has been refused leave to land in the United States and has been ordered to be deported does not make it impossible for the master of a foreign vessel, bound to an American port, subsequently to accept him as a sailor on the high seas.

Under the Act of March 2, 1907, 34 Stat. 1246, the United States can be allowed a writ of error to the district court quashing an indictment in a criminal case. The act is directed to judgments rendered before the moment of jeopardy is reached, and is not violative of the double jeopardy provisions of the Fifth Amendment to the Constitution of the United States.

152 F. 1 reversed.

The facts, which involve the construction of § 18 of the Immigration Act of 1903, are stated in the opinion.