Section 10 of the Immigration Act, 1917, makes it the duty of
any person, including owners, officers and agents of vessels,
bringing in an alien, to prevent his landing at a time or place
other than as designated by the immigration officers, and punishes
failure to comply by a fine in each case of not less than $200 nor
more than $1,000, or by imprisonment, or both, but provides that
if, in the opinion of the Secretary of Labor, it is impracticable
or inconvenient to prosecute such person, owner, etc.,
"a penalty of $1,000 shall be a lien upon the vessel whose
owner, master, officer, or agent violates the provisions of this
section, and such vessel shall be libeled therefor in the
appropriate United States court."
Held that, where a vessel is so libeled, the penalty is
$1,000, neither more nor less, for each alien landing from it in
violation of the section. P.
267 U. S.
221.
Question certified by the circuit court of appeals in a libel
for violation of the Immigration Act.
See 292 F. 1016.
Page 267 U. S. 221
MR. JUSTICE HOLMES delivered the opinion of the Court.
The Immigration Act of February 5, 1917, c. 29, § 10, 39 Stat.
874, 881, makes it the duty of every person, including owners,
officers, and agents of vessels or transportation lines, etc.,
bringing aliens to ports of the United States to prevent the
landing of such aliens at any time or place other than as
designated by the immigration officers, and failure to comply with
the requirements of the section is made a misdemeanor punishable by
a fine of not less than $200 or more than $1,000, or by
imprisonment, or by both.
"Or if, in the opinion of the Secretary of Labor, it is
impracticable or inconvenient to prosecute the person, owner,
master, officer, or agent of any such vessel, a penalty of $1,000
shall be a lien upon the vessel whose owner, master, officer, or
agent violates the provisions of this section, and such vessel
shall be libeled therefor in the appropriate United States
court."
The United States libeled the
Coamo for a violation of
this section by a failure to deliver two aliens at the designated
place, Ellis Island, and to prevent their landing elsewhere. The
district court found the violation, but held that $1,000 was simply
the upward limit, and imposed a penalty of $200 for each alien. The
libellant appealed, demanding $1,000 for each. The circuit court of
appeals certifies the question whether, in such a case the trial
court is
"bound as matter of law to pass a decree condemning said vessel
for a penalty of exactly $1,000, neither more nor less, for each a
lien landing from said vessel in violation of said section of said
statute."
We are of opinion that the language of the statute is too
definite to be escaped by construction. After dealing with the
personal liability of owners and agents of vessels and
transportation lines, the section passed to another matter,
Page 267 U. S. 222
the liability of vessels. It provides a remedy against them
irrespective of any fine that may have been incurred by owners or
agents. The liability is not a security for any such fine, it is a
new one. The statute does not say that the fine or penalty
previously mentioned shall be a lien upon the vessel, but that a
penalty of $1,000 shall be. It seems to us as plain that this is
the sum to be demanded as it is that the right to demand it does
not depend upon a conviction of the owner or agent of the ship.
See Scow 6-S, 250 U. S. 269,
250 U. S. 272.
The earlier part of this section and other sections of the Act
simply fix limits, and leave discretion as to the amount within the
limit or limits fixed. In §§ 35, 36, discretion is given to the
Secretary of Labor. But here, the statute allows only one judgment
in case of guilt. We answer the question:
Yes.
