The Montgomery advertiser., 1906-04-14
A ,rmuortant Decision.

An important deciSlon hds JuSt poei' rendered by Court Commissioner F. w. Marsh in the case of Alex Zelius and sidney Bell, who were arrested some time since on the charge of boarding Q vessel before it had legally arrived In port The decision questions the right of Congress to delegate power 10 the Secretary of the Treasury to make regulations regarding shipping in that 1t confers upon him legislative powers without providing penalties for speci- fic offenses. The decision is one that will vitally affect present practices in all ports of the United States if it is confirmed, and will probably be called to the attention of the Washington au- thorities without delay.
 The decision in full is as follows: Hon w B. Sheppard, United States
 Attorney. Pensacola, Florida.
 Sir-In the matter of the prosecu- tions you have been conducting before me as United States Commissioner against Alex zelius and Sidney H. Bell for a violation of Section 4606 R. $. U. S. and of Act Congress March 31, 1900 and the regulations of the Secretary of the Treasury made hereunder, and confirming orally announced opinion given to you this morning I beg to state further that the prosecutions were pre- dicated upon the above cited Section and of the regulations of the Secretary of the Treasurer. The proof clearly showed that the boarding of the ves- sels by these gentlemen was after the the vessel had arrived and had been completely moored, but before she had been properly inspected and plac- ed in safety It therefore appears that no prosecution could be predicated un- der Section 4606 R. S. U. s.
 "If any offense was committed, it was therefore under the regulations of the Secretary of the Treasury, acting un- der authority conferred by thes act of Congress March 31, 1900. (See Circu- lar No. 90, Treasury Decisions Vol 3. page 545) Under Section of said regulations it declares to be unlawful the boarding of any vessel, with or without the consent of the master, (ex- cepting certain officers) until the vessel has been properly inspected by the customs and quarantine officers and placed Tn security. I beg to call your attention to the fact that this offense is not prohibited by any express statute of the United States, however, under the Act of March 31, 1900 Congress pro- vided certain penalties for any one violating regulations to be thereafter made by the Secretary of the Treasury covering this topic, but did not de- clare any act illegal
 Under the decisions below cited this was delegation of legislative power to the Secretary of the Treasury to prescribe and define crimes against the United States to this extent, and not effective to the extent that a criminal prosecution could be founded on these regulations made on this authority. In view of these decisions I am constrain- ed to hold that no probable cause has been made out because first, that the evidence shows that no offense was committed under Section 4606 R. S. U. S., and second that no criminal prose- cution can be predicated on these regu- lations of the Secretary of the Treas ury, and the defendants are, therefore discharged. I give the citations relied on below.
 Respectfully,
 IF. W. Marsh,
 United States Commissioner"
 The authorities mentioned are: Nor Till. vs. Jones 106, United States, 40S; United States vs. Symonds, 120 United States, 46; United States vs. Eaton IA. United States, 677; Ex parte Kellock 165, United States, 535; United States vs. Blasingame, 116, Fed. Rep. 654.