Navigazione Generale Italiana v. Elting

MANTON, Circuit Judge.

Appellee sued to recover fines imposed and paid for violations of the Immigration Act 1924, § 26 (8 USCA § 145), in the transportation of three aliens from Italy to the United States on its steamship; the aliens having been excluded because they were afflicted with loathsome and dangerous contagious diseases which were not easily curable. They were excluded and a fine of $1,000 imposed for the transportation of each alien. But pursuant to section 22 of the 1917 Act (8 U. S. C. § 159 [8 USCA § 159]) two were admitted by the Commissioner because they were children of…