Leovy v. United States

At the April term of the circuit court of the United States for the eastern district of Louisiana an indictment was found, charging Augustus F. Leovy and Robert S. Leovy, both of the parish of Plaquemines, state of Louisiana, with, on the 16th of November, 1895, unlawfully, wilfully, knowingly, and without permission of the Secretary of War, building and causing to be built a dam in and across a certain navigable stream of the United States known as Red Pass, and outside of any established harbor lines, which said Red Pass flows in the Gulf of Mexico from a certain navigable stream of the United States, known as the Jump, which said Jump is an outlet of the Mississippi river into the Gulf of Mexico; that said dam has been continued by the defendants since the same was built, and still remains in and across said Red Pass, whereby the navigation of and commerce over and through Red Pass was then and there, and has been ever since, impaired and obstructed; they, the said defendants, well knowing the said Red Pass to be a navigable stream of the United States, in respect of which the United States then and there had jurisdiction, contrary to the form of the statute of the United States in such case made and provided, and against the peace and dignity of the United States.

The defendants entered a plea of not guilty; and the cause was tried before the district judge, and a jury. The trial resulted, June 6, 1891, in a verdict of not guilty as to Augusts F. Leovy, and of guilty as to Robert S. Leovy; whereupon it was adjudged that said Robert S. Leovy pay a fine of $200 and costs of prosecution.

Several bills of exception on behalf of Robert S. Leovy were seasonably presented, and signed and allowed by the trial judge, who likewise, on June 16, 1898, allowed a writ of error, and the cause was taken to the United States circuit court of appeals for the fifth district, which court, on February --, 1899, affirmed the judgment of the circuit court.

The case was then brought to this court on a writ of certiorari to the United States circuit court of appeals for the fifth circuit.

Messrs. Victor Leovy, Henry J. Leovy, and Alexander Porter Morse for petitioner.

Mr. George H. Gorman for respondent.

Mr. Justice Shiras delivered the opinion of the court: