Lancashire Shipping Co. v. Durning

CHASE, Circuit Judge.

Originally it was thought that the decision in Compagnie Generale Transatlantique v. Elting, 298 U.S. 217, 56 S.Ct. 770, 80 L.Ed. 1151, controlled the disposition of this appeal and the judgment was reversed without opinion, 96 F.2d 1018, on the authority of that case. On petition for rehearing, however, it has been made clear that a valid fine was imposed and so further consideration of the questions presented is necessary.

On January'26, 1931, the plaintiff’s ship Baby Castle entered the port of New York *752with a Chinese crew. An immigration officer duly notified the…