48 F. 550 | U.S. Circuit Court for the District of Eastern Louisiana | 1891
, The affidavit in this case made by Ferdinand Armant,-United States commissioner and inspector of immigration, charges that S. S. Sandrey—
“Then being master of the British steam-ship Cuban, from Liverpool, England, brought into the United States, to-wit, to the port of New Orleans, Louisiana, on board said ship, one alien immigrant, who was not entitled to land, viz.,-Murray, aged 17 years, who was a pauper, and likely to become a public charge, and was therefore excluded" from admission into the United States; and affiant further charges that on the arrival aforesaid of the said alien immigrant on the said steam-ship in the United States, as aforesaid, the said S. S. Sandrey, the commander of the said vessel, unlawfully and negligently did permit the said alien immigrant to land therein at a time and place other than that designated by the inspecting officers of alien immigrants arriving in the United States, in violation of sections 6 and 8 of the act approved March 8, 1891, contrary to the form,” etc.
The act of congress approved March 3, 1891, entitled “An act in amendment to the various acts relative to immigration and the importation of aliens under contract or agreement to perform labor,” in its first section provides — ■
“That the following classes of aliens shall be excluded from admission into the United States, in accordance with the existing acts regulating immigration other than those concerning Chinese laboréis: All idiots, insane persons, paupers, or persons likely to become a public charge, persons suffering fiom a loathsome or a dangerous contagious disease, persons who have been convicted of a felony or other infamous crime or misdemeanor, involving moral turpitude, polygamists, and also any person whose ticket or passage is paid for with the money of another, or who is assisted by others to come, unless it is affirmatively and satisfactorily shown on special inquiiy that such person does not belong to one of the foregoing excluded classes, or to the class*552 of contract laborers excluded by the act of February twenty-sixth, eighteen hundred and eighty-five; but this section shall not be held to exclude persons living i-n the United States from sending for a relative or friend who is not of the excluded classes, under such regulations as the secretary of the treasury may prescribe: provided, that nothing in this act shall be construed to apply to or exclude persons convicted of a political offense, notwithstanding said political offense may be designated as a ‘ felony, crime, infamous crime, or misdemeanor, involving moral turpitude,’by the laws of the land whence he came or by the court convicting.”
The object and purpose of the act clearly appear from the title and the section quoted, and maybe summarized to be to prevent the importation of aliens under contract or agreement to perform labor, and the immigration of aliens of certain objectionable classes specifically enumerated. The remaining sections of the act relate to the methods and details of accomplishing the aforesaid purpose. It is only the sixth and eighth with which we are particularly concerned in this case.
The sixth section imposes a penalty upon any parties who, in violation of the object and purpose of the act, shall bring into or land in the United States, by vessel or otherwise, or aid to bring into or land in the United States, by vessel or otherwise, any alien not lawfully entitled to enter the United States; that is, bring into or land in the United States any alien under a contract or agreement to perform labor, or any alien immigrant belonging to any of the objectionable classes enumerated in the statute.
The eighth section defines the duties of agents and masters of vessels bringing into the United States alien immigrants, as to reporting tlie name, nationality, last residence, and destination of every such alien; the duties of inspection officers in regard to the inspection and the examination and detention of such alien immigrants; and gives the inspection officers certain powers as to the administration of oaths, and the taking of testimony’touching the right of such aliens to enter the United States; provides for the effect of the decisions of inspection officers touching the right of any alien to land; requires the masters and agents of vessels bringing alien immigrants into the United States to adopt precautions to prevent the landing of such immigrants at anytime or place other than that designated by the inspectioir officers; and then imposes a penalty upon any such officer or agent or person in charge of a vessel who shall knowingly or negligently land, or permit to land, any alien immigrant at any place or time other than that designated by such inspection officers. The section further authorizes the secretary of the treasury to prescribe rules for inspection along the borders; limits the number of inspectors to be appointed; and, further, defines their duties.
As clearly appears, the act deals only with the importation of aliens under contract to labor and alien immigration. It is only with regard to alien immigrants that the act imposes duties upon the masters and agents of vessels, or provides penalties for the non-porfomiancc of duties by such masters and agents. An alien immigrant to the United States is an alien who comes or removes into the United States for the purpose of permanent residence. Aliens composing the crews of vessels visiting