Bermuda & West Indies S. S. Co. v. Elting

COXE, District Judge.

This action presents the question whether the government was justified in imposing fines and directing passage money refunds for bringing to this country nine immigrants, who were subsequently excluded after examination at Ellis Island. The suit is properly brought against the collector. Cosulich v. Elting (C. C. A.) 40 F.(2d) 220. It is urged, however, that the determination of the Secretary in imposing the fines and directing the refunds was final and not subject to review. But it has been held repeatedly that “arbitrary action, in acting or refusing to act, would not…