Harlan F. Stone

“ We do not think it can be said, in the face of the explicit language of the statute, that the respondent could lawfully bring the alien, because he lawfully might come to the United States. The statute imposes no penalty upon the alien for coming beyond the possible denial of his application to enter. ”

“ The court below held that the fine was illegally imposed, for, if the alien was in fact within the excepted class, he was admissible; hence it was lawful for him to come to the United States to present evidence in support of his right to enter, and it was lawful for the respondent to bring him. Te respondent argues here, in addition, that the general purpose of the Quota Act was to exclude immigrants, and the provisions of section 6 imposing penalties for bringing an 'alien,' must be read as applicable only to aliens who seek admission as immigrants. ”