Lloyd Sabaudo Societa, Anonima Per Azioni v. Elting

L. HAND, Circuit Judge.

The defendant, the Collector of the Port of New York, appeals from a judgment for $1000 entered against him in an action to recover a fine unlawfully collected by him, virtute officii. The plaintiff, a carrier, on January 18, 1925, brought to New York an Italian who was blind and did not have a quo! a immigration visa. This alien was therefore excludable under section 3 of the Immigration Act of 1917 (8 U.S.C.A. § 136), because he suffered from a physical defect which might affect his ability to earn a living and was therefore likely to become a public charge; and also…