New-York tribune., 1907-09-05
IMMIGRANT FINE VALID
Judge Hough Decides Against
STEAMSHIP Lines in Test Gases.

, ,irio, a,bIch is considered by tle 'il''i'
grafton officials OF the greaIeSt 5 c,a+as
in preventing the entrance into te Cil'''u Cil't Ii
oP aliens suffering from dangerous co''''7 -,
oascs has lust beer handed down by Juus9 -
in the United States Circuit Court. - - to
ta,rsd in the United States Supreme ooui''
which the trausatlant!c lines cohlioi''!7 -. ,.rr,,
Grant traffic have declared Their h'eH''o" - -
tho case II will compel the lines TO ttlNo " 59r+s
rocoutions in barring out unhealthy ln1'i'i7'
- ~, ror+ of enbarkatlon and VIII lessen "i"0
rally the work OF the inspectors nj f-'1iS ,ooa
-, Section o of the immigration act o' -
II was made unlawful for any persoii ~ -, or
+bo country an alien afflicted with a lo'''''o -
inc 'o''',' t,to,,s disease Special mention OF
IT, liability of transportation companies "" - s
IN tbe provison which empowered 'io 49,, ovfst-
commerce and Labor, II salsileu 'i'1. - ~,
orco of disease might have been aSoe' a.. - ON,
competent medical examination q. no 90, every un-
barkat,on 10 impose a fine OF $o' ioi - ond
~ f,,,,,irrant brought into the cou"t'S' -
in default of payment 10 witEhoIu ''
,,orars OF a vessel violating the raw. rae
since the enactment of the law Slio0'' IL md
,ar ironosed on the transatlantic coilpa''i' ,,,ot
49, -. s,,,ts have been brought in the Ci,I.G NJ,
,.taa rjrcuit Court to test the right ol - 'Io -.
1octor Of Customs to hold up c ceAi ',sI - t,,osad
vessel pending the payment oI ''' 80 Of the
- - 20 ,ho cae,s were selected for d VS. :.
iil'ee % - -. ,.,,,ere under the law. In t"' Vi
49,. r,,cr,ational Mercantile Marine C''iiPl-'
controlling the American and h ht" Ctc steam
+be plaIntlf and in the otei u - tic White
N.vipation Company, whcE ope' ~ ,,,trarts for
60 me In all three cases the i,,''-I9 - ax
9'e' .b,,, 70 this port the fines were
80 -. suffering from trachoina' W.. ..ors
ence IN tho opinion Of the PINS - domination
night have been detected ny d N'-
NJ the port OF embarkaIoi' 1ro,r,, Z Slim
I-rited States District Attorney 1,,so, and
"a his assistants Winfred H. De' D
-, I,rarkf,lrter. represented the ,,,sal
yyuIIaru q. ChOate and i-uc'US -, tbat the
,r the steamship companies ,,i,bbold
- Of customs had no right Io -
N''''~' ,,a-s from a vessel when hau 0'''
-, o. r~,rgtng in an unhealthy lh lh'iiel ~,
as,,,,cb as II meant the appropriate y, tho ones
.,nr. ,,rorertv to insure the pay ie'' = o~,,,
-. aiso argued that under the sec'i'" " -,
,1,, Enacted no notice was given inc 80 -. 80.
ma 49,, trostion of the fine itself and that .'.S
- thereby denied their cons'iIuu%"iia' % 80, tb;s
- trial b,, Jury Later, Il was au'i' - ,bo
ct. regulation had been so Hou'''0u -, -
amo,dIng vessel might have tcurlee"
,rich to show cause why 1t shoulo ho' +1 %
- .o tho fine but this period II was So
,.as TOO short. It was the conteh''oH u ,i,
ranies that while the la" fastener -" a., a,
io, ~ a crime upon them for oVlhelne ~ - -
,,o,s ,,,,rotprants il deprived them OF IHe i'7' -
i'o'gu , -, -, which an individual charged with
= lin. Is guaranteed by the Constitution
tbermore 1t compelled the deposit ol ,,- '-Y- 90
Immigrant ordered deported oeIoie '''e -
~ ~ ,.-s To tho vessel bringing him 10 port
In reviewing the facts agreed upon lot p''.,' -.
-, =, .,o tast cases Judge Hough says that'
.I,,,c,t, ba considers the fourteen-day pe''oo "
,nrsualv short time TO protest against U.o '-",',.
cr,tjon officials decision. even tha' ""Nii'o
80 -, d,eferercc 10 the steamship owners. whose
- us the same in all cases. o, to do notA-
,e, go Gar as denying the departments allegations
. corcorned The fact is" he goes on TO say
..+,,+ tho carriers brought IN the aliens on the
on.roo that they would be deported. and that
they, now assert in effect that the rules OF the
game have been observed IN puIiS'i's 'i'e'ii
for taking the chance
lie ncuts out that the practice Of refusing clear
.nces tc extort government claims Is OF old ana
recognized standing, and that Tor twenty years
past IL has been Il powerful influence IN our lhl-
migration system In speaking OF this attack or
the practice the first within the courts knoWi-
edge Judge Hough says that he himself has been
the Constitution, though he does not believe it
unconst titutonai
In giving judgment for the government in ali
three cases the court points out that the section
of The law attacked is "A sanitary measure.
essarv both for healthy immigrants and unnfected
Americans Its Importance cannot be exaggerated.
and especially the city which is at the i'm
migrant gateway and dumping ground need not
be diated upon.
Judge Hough Is inclined to with the
contention of the plaintiffs that they have been
charged with a crime by the imposition of the
fine. At any rate. if the owner OF vessel con
sders himself injured by abuse Of discretion
or malicious conduct in the enforcement Of the
law by the immigration officials he has, the opin-
ion points out, the remedy of appeal the
courts.
ppTNrFcc caTJS NOTE EORCEpy