Page:Federal Reporter, 1st Series, Volume 5.djvu/145

 rOLLOCK V. 8TEAM-B0W liAUBA» 183 �Edward F. Pugh, for libellants. �Henry Flanders, for respondent. �MoKennan, C. J. It is very difficult to put any other con- etruction upon the disputed clause of the charter-party here than that adopted by the learned judge of the district court. I, therefore, adopt bis opinion. �Nor do I think that the e\ddence taken in this court changes the construction of the charter, as given to it in the court below. To prove that it is usual forvessels carrying marble to carry also light cargo, and that insurance compahies re- quire a specification in the charter-party of the number of tons of marble whieh a vessel may take, which is not to be exceeded, will not change the meaning of an unambiguous contract, such as we bave here. �The decree of the district court ia therefore affirmed, and the libel is dismissed, with costs. ���PoLLooE V. Steam-Boat Lauba, etc. �{District Court, S. 2). i^eW Torh December, 1880.) �Penalt? fob CARBTiNa ExcessofPassengbes— Rbt. St. 4465— Re- mission— Rbt. St. 6294 — Informeks — Pbacticb— Thiett-piest Ad- MiEAi/TT RuLE— U. s. Constitution — Fifth Amendhent— Permis- sion NOT m Whitino— Ret. Bt. 4466. �The power conferred on the secretary of the treasury by Rev. St.- 4 5294, to mitigate or remit penalties incurred under Rev. St. 4465, relating to steam-vessels, for carrying a greater number of passengers than the certiflcate of inspection permits, is not a power to pardon. It is a condition annexed to the grant of the penalty, and the statute mnst be construed not with reference to the limitations on the par- doning power, but with reference to the principle of public policy which lad to the enactment of the statute. �His power to remit or mitigate penalties extends as well to those given to the person suing for the same as to those given to the United States, or partly to the United States and partly to the informer, and can in ail cases be exercised after as well as before suit brought, pro- vided the informer's claim has not been actually determined by the court. �Th<» tara» "Informer," «s asea In Rsv. St. i 6204, Includea the ����