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INTERNATIONAL LAW.

23831

RECENT SUPREME COURT DECISIONS

AND

OTHER OPINIONS AND PRECEDENTS.

PREPARED UNDER THE DIRECTION OF THE
UNITED STATES NAVAL WAR COLLEGE.

WASHINGTON:

GOVERNMENT PRINTING OFFICE.

1904.

PEL

PA

NOTE.

These decisions and other precedents, including those arising during the Spanish-American war, were originally compiled by Captain C. H. Stockton, U. S. Navy, under the direction of the United States Naval War College. With some additions they have been arranged and prepared for publication by the college staff.

MARCH, 1904.

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INTERNATIONAL LAW: RECENT SUPREME COURT DECISIONS AND

OTHER OPINIONS AND PRECEDENTS.

CASE OF UNITED STATES V. RODGERS.

CERTIFICATE OF DIVISION IN OPINION FROM THE EASTERN DISTRICT OF MICHIGAN.

(Vol. 150, United States Reports, p. 249. Decided November 20, 1893. MR. JUSTICE FIELD delivered the opinion of the court.)

the case.

In February, 1888, the defendant, Robert S. Rodgers Statement and others, were indicted in the District Court of the United States for the Eastern District of Michigan for assaulting, in August, 1887, with a dangerous weapon, one James Downs, on board of the steamer Alaska, a vessel belonging to citizens of the United States, and then being within the admirality jurisdiction of the United States, and not within the jurisdiction of any particular state of the United States, viz. within the territorial limits of the Dominion of Canada.

The indictment contained six counts, charging the offence to have been committed in different ways, or with different intent, and was remitted to the Circuit Court for the Sixth Circuit of the Eastern District of Michigan. There the defendant filed a plea to the jurisdiction of the court, alleging that it had no jurisdiction of the matters charged, as appeared on the face of the indictment, and to the plea a demurrer was filed. Upon this demurrer the judges of the Circuit Court were divided in opinion, and they transmitted to this court the following certificate of division:

66

Certificate of Division of Opinion.

"United States of America. The Circuit Court of the United States for the Sixth Circuit and Eastern District of Michigan.

"THE UNITED STATES)

vs.

ROBERT S. RODGERS.

"The defendant in this cause was indicted on the twenty-fourth day of February, in the year of our Lord

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of

Certificate of division of opinion.

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