PATTERSON, District Judge.
The suit is to recover a fine of $5,000 assessed and collected by the Secretary of the Treasury. The fine was imposed under section 584 of the Tariff Act of 1930 (19 U.S.C.A. § 1584 and note), to the effect that, where smoking opium or opium prepared for smoking should be found unmanifested on board any vessel, a penalty of $25 for each ounce should be imposed on the master or owner, except that in case the vessel should be a common...
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