H. Hackfeld & Co. v. United States
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the District of Hawaii. Am information was filed against H. Hackfeld & Co., Limited, a corporation, charging it with violating the provisions of section 10 of the act of Congress entitled “An act in amendment to the various acts relative to immigration and the importation of aliens under contract or agreement to perform labor,” approved March 3, 1891, c. 551, 26 Stat. 1086 [U. S. Comp.
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In Error to the District Court of the United States for the District of Hawaii. Am information was filed against H. Hackfeld & Co., Limited, a corporation, charging it with violating the provisions of section 10 of the act of Congress entitled “An act in amendment to the various acts relative to immigration and the importation of aliens under contract or agreement to perform labor,” approved March 3, 1891, c. 551, 26 Stat. 1086 [U. S. Comp. St. 1901, p. 1299], which provides as follows: “That all aliens who may unlawfully come to the United States shall, if practicable, be immediately sent…
1Opinion of the CourtGilbert, Circuit Judge
The plaintiff in error invokes the rule that a penal law must be strictly construed, and contends that within the meaning of section io of the act of 1891 there can be no neglect to comply with the obligation thereby imposed, if a reasonable attempt be made to perform the same. The case of Warren v. United States, 58 Fed. 559, 7 C. C. *598A. 368, decided by the Circuit Court of Appeals for the First Circuit, is an authority adverse to this contention; but the plaintiff in error earnestly urges that the doctrine of that case involves a misconception of the true meaning of the statute, and it cites…
2Cases cited2 opinions
- Haight v. GreenCalifornia Supreme Court · 1861
- Warren v. United StatesCourt of Appeals for the First Circuit · 1893
3Cited by1 opinion
- American Can Co. v. MorrisCourt of Appeals for the Seventh Circuit · 1905