Davis v. United States, 12414.
Decision Date | 26 February 1951 |
Docket Number | No. 12414.,12414. |
Citation | 185 F.2d 938 |
Parties | DAVIS v. UNITED STATES. |
Court | U.S. Court of Appeals — Ninth Circuit |
Clifton Hildebrand, Oakland, Cal., for appellant.
Frank J. Hennessy, U. S. Atty., C. Elmer Collett and Antoinette E. Morgan, Asst. U. S. Attys., all of San Francisco, Cal., for appellee.
Before MATHEWS, STEPHENS and ORR, Circuit Judges.
The appellant, having been convicted in the District Court of violating Section 526l, Title 46 U.S.C.A. The Motorboat Act of 1940, claims reversible error for the reasons (1) that the District Court had no jurisdiction of the subject matter because the act charged occurred on waters not subject to the jurisdiction of the United States, and (2) that the trial court instructed the jury that the waters of Lake Tahoe (the waters in suit) constitute navigable waters of the United States instead of submitting that issue to the jury as one of fact.
The Motorboat Act of 1940 is titled:1 "An Act to amend laws for preventing collisions of vessels, to regulate equipment of certain motorboats on the navigable waters of the United States, and for other purposes." and provides that:2 "No person shall operate any motorboat or any vessel in a reckless or negligent manner so as to endanger the life, limb, or property of any person." and provides for penalties for the violation of this command.3
Article I, § 8, Clause 3, of the United States Constitution provides: "The Congress shall have Power * * * To regulate Commerce * * * among the several States * * *."
Article III, § 2, Clause 1, of the United States Constitution provides: "The judicial Power shall extend * * * to all Cases of admiralty and maritime Jurisdiction; * * *".
It is appellant's view that the Motorboat Act of 1940 derives sanction under the admiralty and maritime jurisdictional clause of the Constitution rather than under the commerce clause thereof, and that the Motorboat Act of 1940 does not apply to any body of water which is not connected with the sea. It is admitted that Lake Tahoe has no outlet to the sea.
The Motorboat Act of 1940 amended the Motor Boat Act of 1910.4 Both were placed under the administration of the Secretary of Commerce5 and the 1940 Act provided for supervising inspectors who should provide regulations under approval of the Secretary of Commerce, and that the Secretary should establish regulations for the enforcement of its provisions by officers authorized to enforce the navigation laws of the United States.6
Chief Justice Hughes for the Supreme Court said in Kelly v. State of Washington, 1937, 302 U.S. 1, 58 S.Ct. 87, 89, 82 L.Ed. 3.
We take the following from the Congressional Record:
In the exercise of its commercial power, Congress may enact (quoting from The Daniel Ball, 1870, 10 Wall. 557, at 564, 77 U.S. 557 at 564, 19 L.Ed. 999) " (Emphasis ours.)
It is our view that the statute under consideration was passed as a commerce measure under the commerce clause of the Constitution.
Title 18 U.S.C.A., 3231, provides:
We conclude that the district court had jurisdiction in this case under Section 526l of the Motorboat Act of 1940, if the waters of Lake Tahoe are navigable waters of the United States.
In Law v. Smith, 9 Cir., 1923, 288 F. 7, at page 9, this court took judicial notice of the fact that Lake Tahoe is in the Sierra Nevada Mountains, that it is about 21 miles long and from 8 to 12 miles wide, and lies at an altitude of about 6225 feet above sea level. We also know that the lake is transected lengthwise by the California-Nevada state border.
F. W. Brenzel, witness for the prosecution, was the only witness produced at the trial to testify as to the use and natural features of the lake. He testified to the following effect: The "Tahoe" and other boats, for several years prior to around 1943, carried mail, provisions and passengers around the lake, contacting points on the Nevada and on the California sides. Sightseeing boats still operate on the lake, contacting points in both states, however carriage of mail and articles of commerce has virtually ceased. While the depth of the lake varies, it has a depth of about 1200 feet at its deepest point.
We go to The Daniel Ball, supra,9 for light on the issue of navigable waters of the United States.
In United States v. Appalachian Power Co., 1940, 311 U.S. 377, 61 S.Ct. 291, 85 L.Ed. 243, the definition applied in The Daniel Ball was extended. The Court stated 311 U.S. at page 407, 61 S.Ct. at page 299, 85 L.Ed. 243:
.
The Supreme Court case just quoted from reversed the finding of the District Court, affirmed in the Court of Appeals, to the effect that New River, the body of water in question, was not a navigable water of the United States. The decisions on the subject were exhaustively reviewed, and no useful purpose would be served by further elaboration of past authority on the subject, other than to mention a few of the principles particularly applicable to the instant case.
Quoting further from the Appalachian Power Co., case,10 it is said:
...
To continue reading
Request your trial-
United States v. Stoeco Homes, Inc.
...Electric Corp. v. FPC, 344 F.2d 594, 596 (2d Cir.), cert. denied, 382 U.S. 832, 86 S.Ct. 72, 15 L.Ed.2d 75 (1965); and Davis v. United States, 185 F.2d 938, 943 (9th Cir.), cert. denied, 340 U.S. 932, 71 S.Ct. 495, 95 L.Ed. 673 (1950). In addition, Plan Six itself is part of the navigable w......
-
Stewart v. U.S. ex rel. Dept. of Agriculture, Civil No. 07-6282-TC.
...an uninterrupted highway over which commerce might be carried on among several states or with foreign nations. See Davis v. United States, 185 F.2d 938, 942-943 (9th Cir.1950), cert. den. 340 U.S. 932, 71 S.Ct. 495, 95 L.Ed. 673 (1951)(Lake Tahoe, CA/NV, federal regulation of motorboats). I......
-
State v. Bunkowski
...448, 453 (1971). Second, Chapter 537 is not a complete list as it omits Lake Tahoe which was held navigable in Davis v. United States, 185 F.2d 938, 942--943 (9th Cir. 1950). 5. For not asserting its ownership of the Carson River bed earlier respondents contend that the State is now estoppe......
-
Wilburn Boat Co. v. Fireman's Fund Ins. Co.
...this finding; there is evidence to support it; and we are satisfied that the finding is correct in fact and in law. Davis v. United States, 9 Cir., 185 F.2d 938. It has long been the settled doctrine that navigable lakes are public waters and are within the grant of admiralty and maritime j......
-
Drunk driving offenses
...territorial waters and may exercise that power for all proper purposes, i.e., those not in conflict with Federal law. In Davis v. U. S. 185 F2d 938 (9th Cir 1950), the court held that the Federal District Court had jurisdiction of cases involving the Motorboat Act, that took place on Lake T......
-
Table of cases
...Dist. COA, Div. 7 - Docket No. B286525), §7:84.2 Davis v. Superior Court (2018) 23 Cal.App.5th 387, §7:84.2 Davis v. U. S. (9th Cir. 1950) 185 F2d 938, §1:54.4 Davis v. U.S. (2011) 564 U.S. 229, 131 S.Ct. 2419, §§6:32.7, 7:63, 7:66.6, 7:83, 7:83.1, 9:15 Davis v. Washington (2006) 547 U.S. 8......