United States v. Rothstein
Court of Appeals for the Seventh Circuit
In Error to the District Court of the United States for the Eastern Division of the Northern District, of Illinois. Action by Morris Rothstein against the United States. Judgment for plaintiff, and the United States brings error. In December, 1908, Rothstein was indicted jointly with one Rubin for harboring an alien woman for immoral purposes within three years after her immigration.
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In Error to the District Court of the United States for the Eastern Division of the Northern District, of Illinois. Action by Morris Rothstein against the United States. Judgment for plaintiff, and the United States brings error. In December, 1908, Rothstein was indicted jointly with one Rubin for harboring an alien woman for immoral purposes within three years after her immigration. During the same December term he pleaded nolo contendere, was convicted and fined $200, paid the fine; and the money was transferred to the treasury. On April 5, 1909, the Supreme Court declared the harboring…
1Opinion of the CourtBaker, Circuit Judge
(after stating the facts as above). Payment of the fine, even if the judgment of conviction was void, is not to be deemed a voluntary contribution to the government, and therefore is not a bar, if the recovery in other respects is sustainable. Durr v. Howard, 6 Ark. 461; Devlin v. U. S., 12 Ct. Cl. 266; Reinhard v. City of Columbus, 49 Ohio St. 257, 31 N. E. 35.
Contentions for reversal may be summarized thus: The District Court was the organism provided by law and clothed with the duty of hearing the criminal charge against Rothstein. Section 563, Rev. St. (U. S. Comp. St. 1901, p. 455). When…
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