“ What would be the result of such power it is easy to imagine. It is difficult to see how a shipowner could insure the return of such immigrants without such confinement or imprisonment as may result in great hardship to that class of individuals who may themselves have had no intention to violate any law of this country. We think this statute was intended to secure, not the delivery of the immigrant at all hazards, but to require good faith and full diligence to carry him back to the port from whence he came. ”

“ To 'neglect' is not always synonymous with to 'omit.' Whether the use of the term is intended to express carelessness or lack of attention required by the circumstances, or to express merely a failure to do a given thing, depends upon the connection in which the term is used and on the meaning intended to be expressed. ”

“ It is true that in the construction of penal statutes, as well as others, the object and purpose is to ascertain the correct meaning of the act, with a view to carrying out the expressed intent of the legislature, and penal statutes are not to be construed so strictly as to defeat the obvious intention of the legislature. ”

“ As defined in the penal statutes of several of the states, the word 'neglect' is said to import 'a want of such attention to the nature or probable consequences of the act or omission as a prudent man ordinarily bestows in acting in his own concerns.' Words and Phrases Judicially Defined, vol. ”

“ The circuit court of appeals disposed of this case upon the view that the judgment of conviction would have been warranted upon the evidentiary facts stipulated, and that the stipulation, in so far as it stated that the escape of the immigrants could not have been reasonably anticipated by the master or officers of the steamship, and did not occur by reason of any negligence or want of proper care upon their part, was the statement of a mere conclusion not binding upon the court, and would not prevent it from rendering an independent judgment upon the facts stated. ”

“ Undoubtedly, the act of Congress should be given a reasonable interpretation, with a view to effect its purpose to prevent the introduction into this country of classes of persons excluded by the immigration laws. ”