16 F. Supp. 864 | D. Vt. | 1936
Findings of Facts.
The plaintiff seeks to recover extra compensation for overtime of its inspectors and employees in the Immigration
This service is performed on the trains, at the instance and on the written request of the defendant, for its convenience and advantage by saving much time of the trains at St. Albans. In all the requests for such service, the defendant denies its liability to pay for the overtime of the inspectors and employees. If such inspections, etc., were not made en route, the defendant would hold its trains at St. Al-bans for that purpose, for it is a misdemeanor (section 144, 8 U.S.C.A.) to “bring into or land in the United States * * * any alien not duly admitted by an immigrant inspector or not lawfully entitled to enter.”
Opinion.
Section 109a requires payment of extra compensation for overtime service of the inspectors and employees, to wit, “overtime services * * * between * _ * * five o’clock postmeridian and eight o’clock antemeridian, or on Sundays or holidays, to perform duties in connection with the examination and landing of passengers and crews of * * * trains * * * arriving in the United States from a foreign port,” etc.
Section 109b required that such “extra compensation shall be paid by the * * * owner * * * of such * * * conveyance arriving in the United States from a foreign port,” etc.
The defendant contends that this section does not apply to trains “operating on regular schedules.” The language is: “This section shall not apply to the inspection at designated ports of entry of passengers arriving by international * * * railroad trains * * * when operating on regular schedules.”
The intention is plain that payment is required when the inspections and examinations are not made at “designated ports of entry.” When, as here, the inspections and examinations are made en route, payment is required for the overtime service, whether on weekdays, Sundays, or holidays, and whether the trains are “passed” or “cleared” before or after the designated port of entry is reached. Mellon v. Minneapolis, etc., 56 App.D.C. 160, 11 F.(2d) 332; Port Huron & Sarnia Ferry Co. v. Lawson (D.C.) 292 F. 216. Section 102, 8 U.S.C.A. authorizes such service in foreign countries; Howe v. United States (C.C.A.) 247 F. 292.
As the parties are not at issue over the amount of overtime or the price, let judgment be entered for the plaintiff, with interest from the last day of each month in which such services were performed.