Page:Federal Reporter, 1st Series, Volume 6.djvu/54

 42 ���FEDERAL REPORTES. ���Channing Richards, U. S. Dist. Att'y, for plaintiffs. �Moulton, Johnson e Levy and W. H. Jones, for defendants. �Swing, D. J., (charging jury.) If there be an ail-rail route over which the oil may be carried with any profit, it is a practicable mode of transportation ; but, if the rate of freight by rail is so high as to prevent any profit upon the sale of the oil, or to destroy the trade in oil between the points in ques- tion, — in other words, if the rate of freight be so high as to prohibit commerce in oil between those points, — it woold not be a practicable mode of transportion between those points. �I refuse to give the following charge, asked by the govern- ment : That if there be an ail-rail route between the points in question, it constitutes a practicable mode of transporta- tion, within the.meaning of the statute, without regard to cost or distance. �Verdict for defendants. ���United States v. Baer. �{Cirtuit Court, 8. D. New York. December 7, 1880." �l. Pbbjubt— Dbpositxok — Oath — BvroENCE— New York Statutes. Upon a trial for perjury, for having sworn falsely as to the truth of a certain deposition, the nptary, who aduiinistered the oath in the State of New York, testifled that there was but one legal form of ad- ministering an oath in the state, and that such form was, " Do you solemnly swear that the above affldavit subscribed by you is true, in the presence of the ever-living God;" that he " used that form sub- stantially," but did not know whether he " put in the presence of the ever-living :God;" but that he was " a little conscientious about that," and " a little careful about using it." Hdd, upon a motion for a new trial, that this testimony of the notary, coupled with the certiflcate given at the time to the eflect that the affidavit waa sworn to before him, was sufflcient evidence to sustain a flnding that an oath was ad- ministered to the accused. — [Ed. �Indictment. Motion for New Trial. �Benedict, D. J. The defendant was indicted under section 5392 of the Eevised Statutes for having taken an oath before & notary public that a certain deposition subscribed by him ��� �