A-65302, MARCH 21, 1936, 15 COMP. GEN. 826

A-65302: Mar 21, 1936

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

REQUIRING THE IMPOSITION OF A FINE ON VESSELS WHICH FAIL TO DETAIN ON BOARD ANY ALIEN SEAMAN WHO IS EXCLUDED FROM ENTRY. 1936: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 28. IN WHICH A FINE WAS IMPOSED FOR VIOLATION OF THE IMMIGRATION AND NATURALIZATION LAWS. THIS OFFICE WAS ADVISED. THAT THE FIELD OFFICER OF THE IMMIGRATION AND NATURALIZATION SERVICE HAD BEEN DIRECTED TO REQUEST THE APPROPRIATE CUSTOMS OFFICER TO HAVE THE AMOUNT OF THE FINE DEPOSITED INTO THE TREASURY. THE CASE WAS AGAIN REFERRED TO THE BOARD OF REVIEW FOR HEARING ON APRIL 23. THEREAFTER IT APPEARS THE MATTER WAS SUBMITTED TO THE SOLICITOR OF LABOR WHO IN AN OPINION DATED JULY 30. THE MATTER WAS AGAIN REFERRED TO THE BOARD OF REVIEW AND ON AUGUST 26.

A-65302, MARCH 21, 1936, 15 COMP. GEN. 826

IMMIGRATION LAW VIOLATIONS - FINES ON VESSELS SECTION 20 OF THE IMMIGRATION ACT OF 1924, 43 STAT. 164, REQUIRING THE IMPOSITION OF A FINE ON VESSELS WHICH FAIL TO DETAIN ON BOARD ANY ALIEN SEAMAN WHO IS EXCLUDED FROM ENTRY, DOES NOT REQUIRE THE IMPOSITION OF A FINE UNDER FACTS WHICH JUSTIFY A FINDING THAT AN ALIEN SEAMAN, ALTHOUGH ATTEMPTING TO ESCAPE FOR THE PURPOSE OF EVADING THE IMMIGRATION LAWS, NEVER REACHED LAND BUT LOST HIS LIFE IN THE ATTEMPTED ESCAPE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF LABOR, MARCH 21, 1936:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 28, 1936 (55889/794), RELATIVE TO FINE PROCEEDINGS AGAINST THE STEAMSHIP PIONEER OF THE STANDARD SHIPPING CO. IN WHICH A FINE WAS IMPOSED FOR VIOLATION OF THE IMMIGRATION AND NATURALIZATION LAWS, AND REQUESTING TO BE ADVISED AS TO THE STATUS OF THE MATTER.

IT APPEARS THAT UNDER DATE OF APRIL 5, 1935, THIS OFFICE WAS ADVISED, PRESUMABLY IN ACCORDANCE WITH A REPORT AND FINDING OF FACTS BY THE BOARD OF REVIEW DATED MARCH 5, 1935, OF THE IMPOSITION OF A FINE OF $1,000 IN THE CASE OF NG LUNG WHO ARRIVED AT NEW YORK, N.Y., ON DECEMBER 18, 1934, ON THE STEAMSHIP PIONEER, AND THAT THE FIELD OFFICER OF THE IMMIGRATION AND NATURALIZATION SERVICE HAD BEEN DIRECTED TO REQUEST THE APPROPRIATE CUSTOMS OFFICER TO HAVE THE AMOUNT OF THE FINE DEPOSITED INTO THE TREASURY.

IT FURTHER APPEARS THAT UPON THE SUBMISSION OF ADDITIONAL EVIDENCE BY THE STANDARD SHIPPING CO. THE CASE WAS AGAIN REFERRED TO THE BOARD OF REVIEW FOR HEARING ON APRIL 23, 1935, AND ON MAY 17, 1935, THE BOARD RECOMMENDED THAT NO CHANGE BE MADE IN THE OUTSTANDING FINE ORDER. THEREAFTER IT APPEARS THE MATTER WAS SUBMITTED TO THE SOLICITOR OF LABOR WHO IN AN OPINION DATED JULY 30, 1935, ADVISED YOU THAT THE EVIDENCE BEFORE THE DEPARTMENT OF LABOR JUSTIFIED A DECISION THAT NG LUNG LOST HIS LIFE IN CONNECTION WITH ESCAPE FROM THE VESSEL AND THAT IN SUCH A CASE THE LAW DOES NOT REQUIRE THAT A FINE BE IMPOSED, AND THAT IT SHOULD NOT BE IMPOSED. THE MATTER WAS AGAIN REFERRED TO THE BOARD OF REVIEW AND ON AUGUST 26, 1935, SAID BOARD RECOMMENDED THAT IN VIEW OF THE SOLICITOR'S OPINION AND IN ACCORDANCE WITH THE DECISION OF THIS OFFICE DATED APRIL 17, 1934, A-48909--- HOLDING IN EFFECT THAT FINES COLLECTED FOR VIOLATION OF THE IMMIGRATION AND NATURALIZATION LAWS SHOULD BE DEPOSITED IN THE TREASURY AS REQUIRED BY LAW AND THEREAFTER ANY CLAIM FOR THE AMOUNT SO DEPOSITED WOULD BE FOR CONSIDERATION OF THIS OFFICE--- THAT THE MATTER BE SUBMITTED TO THIS OFFICE FOR CONSIDERATION. ACCORDINGLY, THE ENTIRE FILE WAS TRANSMITTED TO THIS OFFICE AND, THE AMOUNT OF THE FINE NOT HAVING BEEN COLLECTED AND DEPOSITED, UNDER DATE OF FEBRUARY 26, 1936, THE COLLECTOR OF CUSTOMS AT NEW YORK, N.Y., WAS ADVISED THAT IN VIEW OF THE MANDATORY REQUIREMENTS OF SECTION 20 OF THE IMMIGRATION ACT OF 1924, 43 STAT. 164, IT WOULD BE NECESSARY, IN THE ABSENCE OF A SATISFACTORY EXPLANATION WHY THE STEAMSHIP PIONEER WAS GIVEN CLEARANCE WITHOUT COLLECTION OF THE FINE IMPOSED OR THE POSTING OF A BOND, TO CHARGE HIS ACCOUNT WITH THE AMOUNT OF THE FINE. UNDER DATE OF FEBRUARY 28, 1936, THE COLLECTOR OF CUSTOMS ADVISED THIS OFFICE THAT THE AMOUNT OF THE FINE HAD BEEN COLLECTED AND WAS BEING HELD IN HIS SPECIAL DEPOSIT ACCOUNT.

UNDER THE PROVISIONS OF THE IMMIGRATION ACT OF 1924 THE COMMISSIONER OF IMMIGRATION AND NATURALIZATION, WITH THE APPROVAL OF THE SECRETARY OF LABOR, IS AUTHORIZED TO PRESCRIBE RULES AND REGULATIONS FOR THE ENFORCEMENT OF THE PROVISIONS OF SAID ACT, AND UNDER SAID ACT THE SECRETARY OF LABOR HAD THE RIGHT TO REVIEW HIS ACTION AND REVISE HIS FINDINGS UPON A MISTAKE OF FACT. THE REPORT OF THE BOARD OF REVIEW DATED AUGUST 26, 1935, APPROVED BY THE DEPUTY COMMISSIONER OF IMMIGRATION AND NATURALIZATION AND THE ASSISTANT TO THE SECRETARY OF LABOR, REVISED THE FORMER FINDINGS IN THE LIGHT OF THE OPINION OF THE SOLICITOR OF LABOR, SO AS TO FIND THAT THE ALIEN SEAMAN LOST HIS LIFE IN CONNECTION WITH ESCAPE FROM THE VESSEL.

SECTION 20 OF THE IMMIGRATION ACT OF 1924 WHILE REQUIRING THE IMPOSITION OF A FINE OF $1,000 ON VESSELS WHICH FAIL TO DETAIN ON BOARD ANY ALIEN SEAMAN WHO IS EXCLUDED FROM ENTRY, DOES NOT REQUIRE THE IMPOSITION OF THE FINE UNDER FACTS WHICH JUSTIFY A FINDING THAT THE ALIEN SEAMAN, ALTHOUGH ATTEMPTING TO ESCAPE FOR THE PURPOSE OF EVADING THE IMMIGRATION LAWS, NEVER REACHED LAND BUT LOST HIS LIFE IN SEEKING TO ESCAPE FROM THE VESSEL.

ACCORDINGLY, IN VIEW OF ALL THE FACTS OF RECORD AND THE FINDINGS OF THE COMMISSIONER OF IMMIGRATION AND NATURALIZATION, APPROVED BY THE ASSISTANT SECRETARY OF LABOR, THE COLLECTOR OF CUSTOMS AT NEW YORK, N.Y., IS BEING ADVISED BY LETTER OF TODAY THAT HE IS AUTHORIZED TO REMIT THE AMOUNT OF THE DEPOSIT--- NOW HELD IN HIS SPECIAL DEPOSIT ACCOUNT--- TO THE STANDARD OIL CO. OF NEW JERSEY WHO PAID THE AMOUNT OF THE FINE.