In Error to the District Court of the United States for the Northern Division of the Western District of Washington.

Action oil the part of the United States to recover penalties for refusal 1o return an alien to the country from which he came;, under Act March 3, 1903, c. 1012. § 19, 32 Stat. p. 1218. The British ship Olivebank arrived at Port Townsend, in the state of Washington, on the 28Ui day of October, 1906. Among the crew on board this -vessel was a boy named William Schmitz, who Had shipped on board the vessel at Hamburg, Germany. The voyage of the vessel, as shown by the shipping articles, was from Hamburg, Germany, to Tacoma, on Pnget Sound, and thence to any port or ports, and to terminate in the United Kingdom or the continent of Europe within the limits of 75 degrees north and 65 degrees south latitude, the maximum time of the voyage to be three years. The boy, Schmitz, signed as a member of the crew for the voyage, and was desigual ed on the articles as a deck boy. The vessel having arrived at Port Townsend, the crew was inspected by Dr. Lyle, Acting Assistant; Surgeon of the Marino Hospital Service. Schmitz was a member of the crew at that time, and the surgeon found him apparently sound mentally and physically. The vessel proceeded to Seattle, and on the night of October 30th Schmitz deserted. This fact was reponed by the master to the Britisli consul at Seattle. On November 30th Schmitz was arrested at Aberdeen, in tile state of Washington, and taken to Port Townsend. Dr. Lyle again saw him on December 4th and found him in a nervous and excited condition. 'Pile doctor saw Schmitz again on December 7th. In the afternoon of that day Schmitz was very much excited, and in the evening he had an acute attack of mania. On December 9th Schmitz was removed to Seattle on account of his insane condition. Thereafter lie was removed to the insane asylum at Steiiaeoom. The immigrant inspector at Seattle, on a warrant issued by the Secretary of Commerce and Labor, notified the officers of the Olivebank and Frank Waterhouse & Co., the agent of the vessel at Seattle, to return Schmitz to the country from which lie came. This they refused to do.

A complaint was thereupon filed in the United States District Court at Seattle by the United States Attorney, charging, in substance, that Frank Waterhouse & Co. and John Doe (the master) did, on the 18th day of December, 1906, knowingly, unlawfully, and willfully bring into the United States at the port of Port Townsend, by water, upon the vessel Olivebank, from a foreign port and place, to wit, from the port of Hamburg, Germany, an alien by the name of William Schmitz, he, the said William Schmitz, being an insane person and epileptic, and being then and there a pauper and liable to become a public charge, which facts were then and there, during all the times mentioned in the information, well known to said Frank Walerhouse & Co. and said John Doe, the master of said vessel; that the Secretary of Commerce and Labor had ordered, directed, and decided that the said William Schmitz should return to the country from whence he came, and that he was not entitled, to land or remain in the United States; that the said William Schmitz should be deported by the vessel, and' by the owners, agents, and master thereof, upon which the said William Schmitz arrived in the United States; that the said Frank Waterhouse & Co. and the said John Doe, master of said vessel, had refused to deport the said William Schmitz, and refused to take him upon board of said vessel for any purpose whatsoever, and had refused and declined to take, receive, or deport the said William Schmitz from the United States to the port of Hamburg, Germany, and had refused to take the said William Schmitz from the United States to any foreign port or place. James Carse appeared as the master of the vessel, and his name became substituted for that of John Doe as representing the vessel, together with Frank Waterhouse, representing Frank Waterhouse & Co., the agent of the vessel. By stipulation of counsel on both sides the case was tried by the court without a jury. The court found the defendants guilty, as charged in the information, for violation of section 19 of the Act of March 3, 1903 (32 Stat. p. 1218, e. 1012), and defendants were then lined in the sum of $300 and costs. The case has been brought here upon writ of error.