North German Lloyd v. Elting

CHASE, Circuit Judge.

Two causes of action are involved. The first, which was the second cause of action at the trial below was brought to recover a fine of $1,000, and the refund of $123 passage money, imposed by the Secretary of Labor and paid by the plaintiff under protest for bringing an alien to this country on November _4, 1925, from Germany on the S. S. Stuttgart by the name of Johann Steinhartt, who was found upon examination here to be afflicted with chronic pulmonary tuberculosis which was active and which, in the opinion of the examining physicians, could have been detected by a…