255 F. 799 | E.D. Va. | 1918
This is an action at law brought by the W. & C. T. Jones Steamship Company against Norman R. Hamilton, collector of customs for the ports of Norfolk, Portsmouth, and Newport News, individually, to recover a fine of $100 imposed upon the British steamship Ilwen for an alleged violation of section 9 of the act of Congress known as the Immigration Act, approved February 20, 1907 (34 Stat. 901, c. 1134 [Comp. St. 1916, § 4254]). The vessol put into Newport News for bunker coal. There then was upon her a seaman who had signed as a member of her crew at Newcastle, England, for a round trip. At the time of signing he appeared to be healthy,
The conclusion reached by the court is that the seaman, Bisbee, on account of whom the plaintiffs, at the instance of the immigration authorities, were required to pay the sum of $100 for bringing an alleged tubercular seaman into the port of Newport News, is not such a person as comes within the meaning of the federal statute under which the fine was imposed and collected, and therefore the plaintiff is entitled to recover and have refunded to it the sum thus paid.
The suit in this case is against the collector of customs individually, and judgment will therefore be withheld against him until such reasonable time as may be found necessary to refund the amount to the plaintiffs.