United States v. Smith (95 U.S. 536)

CERTIFICATE of division in opinion between the judges of the Circuit Court of the United States for the District of Massachusetts.

This is an information under the act of June 7, 1872, 17 Stat. 262, against the defendant Smith, for that he, not being a shipping commissioner, did ship and engage one John Riley as a seaman, to go on board a certain American vessel called the 'Proteus,' and make a voyage from Boston, in Massachusetts, to Philadelphia, in Pennsylvania, said Smith not then and there being the owner, consignee, or master of said vessel.

The defendant demurred; and the judges were opposed in opinion on the following question: Whether said act applies to the shipping of seamen upon vessels engaged only in and for voyages coastwise between Atlantic ports of the United States, as was the vessel described in the information.

The Solicitor-General for the United States.

No opposing counsel.

MR. JUSTICE CLIFFORD delivered the opinion of the court.