Compagnie Generale Transatlantique v. Elting

AUGUSTUS N. HAND, Circuit Judge.

This is an appeal from a judgment for the plaintiff upon the second and third causes of action. ■

The second cause of action was to recover a fine imposed by the Secretary of Labor under section 9 of the Immigration Act of 1917, as amended by section 26 of the Immigration Act of 1924 (8 USCA § 145), because the plaintiff steamship company brought to the United States an alien afflicted with trachoma, a dangerous contagious disease, the existence of which the Secretary found could have been detected by a competent medical examination at the time of embarkation.

The…