Navigazione Generale Italiana v. United States

L. HAND, Circuit Judge.

This is an action to recover a fine imposed for unlawfully bringing into the country an alien suffering from gonorrhoea. The examining surgeon certified that the alien’s condition could have been detected on embarkation, but on his examination the alien swore that he had no symptoms of the disease until after he left Genoa, the place of embarkation. This would have been enough to excúse the carrier, except for a memorandum of the chief examining officer at Ellis Island which declared that there was no reasonable doubt that the alien had been suffering from the disease…