Cunard S. S. Co. v. Stranahan

WALLACE, Circuit Judge.

I find that in giving my reasons, at the close of the argument, for overruling the demurrer to the complaint, I was under a misapprehension in assuming that the collector required the payment of the so-called “fines” without express-authority ; that is, that' the statute did not provide any specific method0of enforcing their payment. -Upon this assumption I expressed the opinion that the penalty or fine could only be enforced by judicial proceedings, overlooking the clause authorizing the collector to refuse clearance papers to the vessel while the penalty remains…