Compagnie Generale Transatlantique v. Elting

SWAN, Circuit Judge.

This action was brought for the recovery of a fine of $1,000, plus passage money in the sum of $115, which the Secretary of Labor had imposed upon the plaintiff for bringing to the United States an alien afflicted with a dangerous contagious disease, the existence of which might have been detected by a competent medical examination at tbe time of foreign embarkation. 8 USCA § 145. The alien embarked upon the plaintiff’s vessel at Havre, France, on August 28, 1980; he arrived at the port of New York on September 4th and was placed in the hospital at Ellis Island. On…