The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-02-05
BROOKLYN CITY.
TIE couRTs.
uMTED STATES DISTRICT COURT.
1bc Ko~vaIley Case--Mofion 10 Arrest Judg-
merf-DecIsion.


merf-Declsi0n.
Before Judge Benedict.
The following decision was promulgated yesterda,
II toe case Of The United States against NORTH Ross
valley, motion 70 arrest judgment in which was
argued on Friday last, oy Judge Barnard for defend
ant, and Assistant District Attorney Paris for the
government
BgSkDicr, J.-Thls case comes before the Court
npon 4 Motion In arrest OF Judgment The pri-
suber has been convicted under an Indictment
charging hun with aiding and assisting IN the
making. preparing and engraving OF q certain plate
~ the likeness and simtude OF certain parts or the
pate from which are printed certain parts OF our
tA.ied States national currency notes particularly
snfy and possession 4 certain metallic plate made
prepared and engraved IN The likeness and simii-
taue Of certain paris OF the plates rom which are
and nave been printed and which were designed Tor
uae printing. certain parts Of the United states ma
t0nal currency notes particularly described, with
IA sat 10 use the same. He now moves an arrest
al Judgment upon the ground that the act OF June
- f~o& under which the indictment was found,
the words 0f The eleventh section OF the act which Is
TIE section relied upon by the government only re-
lale ~ the bonds provided for m the act and do not
include tht national currency ana that the provi-
son ~ the thirteenth section OF the same act which
declares mai ihe words obligation or other security
~ nc tEiici states" used m this act shall be held 10
Include and mean AL bonds coupons. national cur
rtNGy. Ac, which nave been or shan be issued under
= a. sseysn,h secficn' for the reason thar the
gnrase ~olgaiion or other security Of the United
Stalls nowhere occurs Ia that section. The point
y unfruatie u ~ true that the phrase .'obliga-
tsnn Or other security OF the United Statesr
stuor noi occur IA tle eleyeltA section OF the
40 IN glcsfion but Il n also true that The phrase Is
nowhere used IN toe ACT u. Then the thirteenth
ha4 = D. ~ considered az confined IN IT. eject 10
deAuiuE the phrase oRatlon other security of the
United states which appears there 10 be quoted a
PHRASE. fhe whole thirteenth section without effect
AMI meaningless No proper rule Of construction
requifs hl> result TIE ACT declares thar the words,
.tpt TIE phrase. obligation other security of the
Jailed ttatee used IA this act snail be held 70 include
naAionn carfNncy, aud although the words appear
sseso~ed IA quotation marks rs q phrase, the fact
that 40 sach phrase = used indicates clearly that the
SEXTON frers 20 the words when used separately and
MT A. phrase; hls woald be the reading OF the
scctl0n n the quotation marks were omitted. and
the-e marks n not placed A. they ~ professor,
cannot he considered ~ sufficient 10 make useless
80 important section, which. without them, has 4
eFnr meaning aud important eject. 1hcy must &C.
ecr.iDgiy re dlsfrs.arl~a. rndcr the construction.
Lier, ~ TIE thirteenth section II - manifest thai the
esesenth aectl1n creates NE offence here charged,
~ y 4sts Toe word obligation. which BY the tAr-
tssrta eerfl0n a DECLARED 70 include national cur
rencY. Ntis = tac Only point winch has been taken
81 behalf Of iAe prisoner, and that being held
aNafnsf nfu fte EinglCn mnsf ~ lCnc1. 4 MIN he
tfoHvhf ~ CO. sensence On Friday next 81 Twelve
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