Transatlantica Italiana v. Elting

The plaintiff, an ocean carrier, sued the collector for wrongfully compelling it to pay three fines of $1,000 each for importing three aliens into the United States, who were excluded, two as illiterates and the third as trachomatous. The question is whether the illiterates were within either the first or seventh provisos of section 3 of the Immigration Act of 1917 (8 USCA § 136 (o, p) and whether the third alien was within the seventh proviso. We held in Navigazione Generale *733Italiana v. Elting, 66 F.(2d) 537, that “residence” was a clean different thing from “domicile” in these two provisos;…