83 Ct. Cl. 63 | Ct. Cl. | 1936
delivered the opinion of the court:
Each of the fines involved in this case was imposed by the Secretary of Labor as a result of the certificates of the examining U. S. Public Health surgeons that the aliens were
The controlling question is whether the decisions of the Secretary of Labor imposing the fines were arbitrary and unfair. We think they were not in the light of the record before him. Plaintiff relies upon the case of Lloyd Sobaudo Societa Anonima Per Aziono v. Elting, 287 U. S. 329. We
In the case at bar, neither the Secretary of Labor nor this court has such a record. On the contrary, plaintiff simply submitted with its protests unsworn certificates of
The record discloses that the Secretary of Labor considered the protests and the certificates submitted therewith by plaintiff and gave his reasons for the conclusions that the fines should be imposed in the light of the facts disclosed in the medical certificates of the U. S. Public Health surgeons and the record of the proceeding before the board of inquiry. There was before the Secretary sufficient evidence to support his decision. The certificates which plaintiff filed with the Secretary in connection with its protests contained no facts which might reasonably have been expected would affect the findings of the physicians at Ellis Island. The Secretary had more detailed information with respect to the examinations at Ellis Island than he had with.
In view of our conclusion that plaintiff is not entitled to recover, it is unnecessary to discuss the claim of the defendant that the fines were voluntarily paid and may not, therefore, be recovered.
The petition is dismissed. It is so ordered.