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United States Supreme Court


No. 510

Argued:     Decided: June 1, 1909

Messrs. Lucius H. Beers and William G. Choate for plaintiffs in error.

Assistant to the Attorney General Ellis and Messrs. Henry L. Stimson, Winfred T. Denison, and E. P. Grosvenor for defendant in error.

Mr. Justice White delivered the opinion of the court:

These writs of error are prosecuted to obtain the reversal of judgments entered in favor of the United States in actions brought to recover back sums paid as penalties imposed and collected under authority of 9 of the immigration act of March 3, 1903. [32 Stat. at L. 1215, chap. 1012.] One action concerned penalties exacted before, and the other related to a penalty which attached after, the promulgation by the Secretary of Commerce and Labor of a certain rule of procedure known as circular No. 58. As the controversies in these cases are of the same nature as that presented by the record in Oceanic Steam Nav. Co. v. Stranahan, No. 509, just decided [ 214 U.S. 320 , 53 L. ed. --, 29 Sup. Ct. Rep. 671], and as the principles which controlled the decision in that case are here absolutely decisive, the judgments in these cases must be, and they are, affirmed.[ International Mercantile Marine Co v. Stranahan 214 U.S. 344 (1909) ]

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