Hamburg-American Line v. United States

L. HAND, Circuit Judge.

The plaintiff sued under the Tucker Act (24 Stat. 505) to recover for money paid to discharge a fine levied by the Secretary of Labor as a penalty for bringing in an alien without visa under section 16 (a) of the Quota Act of 1924 (8 USCA § 216 (a). The complaint alleged that the plaintiff was a common carrier — the owner of a line of steamers — whieh had in 1928 brought to the port of New York one, O’Reilly, an alien, who applied for admission as a returning resident, and was excluded as an immigrant without visa. The Commissioner of Immigration thereupon fined it…