New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-06

y,,nor,aut Decision by Judges EeRedici
md W00druG-Its COnsiiintiOh""''
Maintained. ,,-,..-o-
r. +he Ease Of George Koppu and THOMAS
s,,aorsnn. convicted Of boarding German
~ "a runners " for sailors Dodfuin1
house, in violation Of the new Shipping Nv .t,
Of lime. 1872, Judge Benedict III tpe
limited States Circuit Court yeAteIu@1 t'--
Gered the following decision:
ITnon the trial of the defendant upon al
;,,Sipt,nent for the offense Of boarding
weasel without permission Of tue mast -
,,ioIa+ion Of section sixty-tWo oI inc snip
,,iTo act of June 7, 1872, it was ruled 'n
gsnr oLicclion in behalf Of the defense, az
followS To wit: That, first, the ehactLi'e GU
CONTAINED in the siXty-second sectloh Vi In9
act under which the indictment Is ItaLi[4
Is valid enactment "lthlh !ne sc ~ II
the mower granted by the constitution %
The limited States. Second, the section ii
Gnea+ion creates q criminal OttGnse a9aLIH =
+he limited States, punishable by means " u
an Indictment and conviction III d u Ili nina
nrnneedinp and upon such conVlcIlob,py Le@'
son of the effect Of the language Oh IiiG siA ~
seeond and sixtyfourth sectlons, 4 Iah9n " "
netber. a penalty not exceeding @%go 70 ~ ~
be imposed by the court, anu Uuo t,eo
may be Imprisoned uhJlI Cho pay iii, u 10
of not exceeding six months InLIu' ~ - ID
Itnnrca sary for the government IN such a
,,rosecutior to prove that the prisoner was
NOT in the United States service, OF was nov ~
1nIv authorized by law to 20 on boafo ULe
vessel Fourth. the proof that the prison
ars we're runners, employed by person
who held license to keep sailors ooara.
ING house, under the statute OF the otaIe OF
NV York. passed March 81, 1866, did not
show the prisoner 10 oe eAeupG; ~ T;f slle
prohibition Of the section in question. Filth
fhe prisoners, by climbing from boat up
on the rail of the ship in the act OF enter
ing upon the ship, without permission
giVen, rendered themselves liable TO pun
ishment as provided in the siXty-second
section. Sixth, proof that the master o.
the shin was not on board the vessel, and
that the mate then IN command gave nc
permission to the defendants to BOARD the
vessel, and caused their arrest on the spot
was sufficient to support conviction, ID
the absence Of any evidence showing per
mission by the master. Seventh, the OF
Tense is committed by boarding in the bay
of New York without permission an inward
bound vessel laden with cargo to be landed
at pier in New York city, before the al
rival of the vessel at such pier, although Il
appears that at the time OF the boardln&
tile vessel was temporarily at anchor IN tht
bay, Eighth, considering the general ian
guage Of section sixty-two, aud IN view @
The evil sought to be remedied thereby
and of the nature of the prohibition therein
contained, the section is to be con
sidered as intended to protect for
eign vessels as well as vessels OF the United
States, and the fact that the vessel boarded
by the prisoners was a foreign vessel! is
therefore, OF no avail as defense IN
prosecution under this section. These seT
eral rulings have reefamined AIM in the ELL Iigh :,
respect to them, and | am satisfied OF thel
correctness. The statute in question being
new, and its language in many instance as tam e.
inartistic and obscure, | have though
proper to submit the question raised to tn
consideration Of the circuit judge, and h
coneurs with me in the opinion that tn
rulings are correct. There must, there
fore. be Judgment upon the verdict.
Counsel for the prisoners then asked tina
sentence should be light, the prisoners DC
ing poor men and ignorant of the law. A.
sistant District Attorney Davies did not o.
pose this in moving for sentence, and hopp
and Anderson were then sentenced 10 pa
fine of $50 each or be imprisoned Tor 81
monthg,-Nelr York Times