The San Francisco call., 1904-02-18
SAYS STRATTON
EXCEEDS POWER
Oceanic Steamship Company
Sues TO Determine Validity
of Tax on Aliens in Transit
DENIES COLLECTORS RIGHT
Ayers He Has No Authority
to Collect Fee on Passengers
Who Do Not Remain Here

For the purpose of determining
whether Frederick S. Stratton, Collec-
tor OF the Port Of San Francisco. has
the right 10 levy a tax Of 81 per head
on aliens in transit from Australian
OF other antipodean ports TO ports
in Europe. the Oceanic Steamship
COMPANY yesterday brought suit TO
recover from Stratton $42S paid by
il to the Collector as head tax
m 214 aliens brought 10 this country
from March to December, 1908, on the
steamers Sierra, SonOma, Ventura ana
Nariposa- The company contends that
Sfrstton acted without authority in de-
rnanding from the company the tax
on aliens who landed here while en-
route TO ports across the Atlantic. The
r,oint raised is a novel one. and if the
contention Of the plaintiff is sustained
II means a saving Of many hundreds
Of dollars annually. 1t will also great
" reduce the receipts Of the Office OF
the Collector Of the Port.
The complaint Of the steamship com
many. which was filed by Attorneys
Prank & Mansfield, appears to be sim
sply a demand for SS2s collected illegally
'bv Stratton. It reads as follows:
Thst heretofore. 10 wit between the 23d
6av 81 March 1903 and the 3Oth day OF De
cenber 1908 the said Oceanic Steamship Com
NAVY brought upon its said steamers from ports
and places in Australia TO the port OF san
Francisco two hundred ana fourteen C2l4)
alien passengers, who were then ana there IN
frsnsff through the United states, and bound
for foreign ports 70 wit for the ports OF
London, Bremen. Berlin, Liverpool, vancouver,
Glasgow, Paris and Hamburg
That Notwithstanding the said alien pas
senFers were in transit as aforesaid, the said
defendant as such Collector demanded OF this
plaintiff the sum of two % dollars for each
and every passenger so IN transit as Aforesaid,
and then and there refused 10 allow entry OF
said several vessels until such duty Of two %
dollars for each Of said passengers was paid
That thereupOn the said plaintiff duly pro-
tested against the said eNactiOn as being IL
legal and because Of the refusal Of the said
defendant TO permit the landing Of such aliens
from said vessels, and because Of the injury
70 said plaintiff consequent thereon. sid
uIafnriT deposited with the Collector OF Gus
toms the said tax Of two % dollars per head
upon each Of said aliens. and then and there
notified said defendant that II, the said plain
ffr would sue 10 recover the same back and
said defendant then and there agreed that
Fuch deposit should in nowise or in any mat
ter V.itfate prevent or prejudice any action
81 law or any right Of a judicial character
which the said plaintiff might see proper 10
commence. and said Collector received said
money subject 10 said protest, understanding
and agreement
mat though often thereto demanded. the
said defendant has refused and still continues
20 refuse 70 repay the same, or any part
thereof 10 this plaintiff.
Wherefore. said plaintiff prays for judgment
sEainsr said Collector for the sum or four hun
dred and twenty-ei Tht f42S) dollars together
with interest and costs